“Significant pay gaps between gendered occupations can shift burden to employers.”
Enderby, a senior speech therapist, claimed her predominantly female profession was paid significantly less than comparable male-dominated professions like clinical psychologists and pharmacists within the NHS. The speech therapy profession was 98% female.
Whether significant pay differences between jobs done predominantly by one sex compared to jobs done by the opposite sex can establish a prima facie case of discrimination under Article 119 EEC (now Article 157 TFEU).
The ECJ held that where significant statistics show appreciable differences in pay between jobs done predominantly by women and men, this can establish a prima facie case requiring the employer to justify the difference.
This case significantly strengthened equal pay law by allowing statistical evidence of gendered pay gaps to shift the burden of proof. It enables challenges to occupational segregation and systemic pay discrimination, making equal pay claims more accessible.
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OSCOLA Citation
Enderby v Frenchay Health Authority [1993] ECR I-5535
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