Indirect discrimination; 'Objective Justification' requires a real need, appropriateness, and necessity. [Summary not yet checked against the judgment.]
Equal Pay; material factor; market forces can be a material factor justifying a pay difference. [Summary not yet checked against the judgment.]
ICR 112 ECJ - Equal Pay; statistics; statistics showing a significant gender pay gap shift the burden of proof to the employer. [Summary not yet checked against the judgment.]
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References found in the judgments’ text, with the number of paragraphs in which each case is mentioned. Not a classification: how a case was treated is recorded under Later history.
1 WLR 259 - Equal Pay; material factor; a genuine objective reason (job sharing structure) was a valid defence. [Summary not yet checked against the judgment.]
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References found in the judgments’ text, with the number of paragraphs in which each case is mentioned. Not a classification: how a case was treated is recorded under Later history.
Equal Pay; material factor defence; pay protection given to predominantly male groups whose prior higher pay was itself tainted by sex discrimination was no defence — the tribunal must look at the underlying reason for the disparity, not merely the immediate one.
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Cites
References found in the judgments’ text, with the number of paragraphs in which each case is mentioned. Not a classification: how a case was treated is recorded under Later history.
Equal pay; material factor defence; cogency of evidence. [Summary not yet checked against the judgment.]
Equal pay; material factor defence; s.69 EqA 2010. There is no heightened threshold of cogency or particularisation for an employer to prove a material factor explaining a pay differential, and the ET's findings of three such factors were not perverse. But on indirect sex taint the ET erred by investigating why a factor worked to the disadvantage of women: the claimant need only show that it does, whereupon the burden shifts to justification; remitted on whether the disputed factors were tainted by sex and, if so, justified. [Summary not yet checked against the judgment.]
“As Lord Nicholls made clear, it is not sufficient for an employer to show that a material factor is not directly discriminatory. If the material factor relied on is indirectly tainted by sex discrimination, then it does not prevent the equality clause taking effect.”Andrew Burns KC, at [29]
Cites
References found in the judgments’ text, with the number of paragraphs in which each case is mentioned. Not a classification: how a case was treated is recorded under Later history.