EAT Redundancy : Fairness
Equal Pay Act – Material factor defence and justification
The Claimant’s case of unfair selection based primarily on the failure of the Respondent to retain her when another employee in the group was leaving is reasonably arguable.
Her case that the Respondent did not have a genuine material factor defence to her equal pay claim was dismissed. The Employment Tribunal correctly compared appraisals of the work she had been doing with that of a man, albeit some reliance was placed on interviews for the new work.
Judges:
McMullen QC J
Citations:
[2011] UKEAT 0395 – 11 – 1910
Links:
Jurisdiction:
England and Wales
Employment
Updated: 29 September 2022; Ref: scu.449404