EAT EQUAL PAY ACT – Material factor defence and justification
Equal Pay. Genuine material factor defence. TUPE applying to both Claimants and comparators. Employment Tribunal which upheld claims on basis that employers should have taken action to ‘red circle’ the comparator’s pay found to have erred in law. On Tribunal’s findings, the causal chain between TUPE and the disparate pay complained of had not been broken. Further, no basis on which Tribunal could have found that Respondents’ explanation tainted by sex. Appeal upheld and claims dismissed.
Judges:
Lady Smith
Citations:
[2011] UKEAT 0042 – 10 – 2505
Links:
Jurisdiction:
England and Wales
Employment, Discrimination
Updated: 16 September 2022; Ref: scu.441833