EAT Equal Pay Act: Material Factor Defence and Justification – SEX DISCRIMINATION – Direct – UNFAIR DISMISSAL – Constructive dismissal
The Employment Tribunal upheld the Respondent’s genuine material factor defence to the Appellant’s equal pay claim. No error of law shown. The sex discrimination claim failed on the facts and on limitation grounds. The Employment Tribunal found permissibly that the Respondent was not in repudiatory breach of contract so that the constructive unfair dismissal claim also failed. Accordingly, appeal dismissed.
Peter Clarke HHJ
[2015] UKEAT 0135 – 14 – 2204
Bailii
England and Wales
Employment
Updated: 29 December 2021; Ref: scu.545912