South Tyneside Metropolitan Borough Council v Anderson and others: EAT 26 Mar 2007

The council appealed a finding that there was no genuine material factor justifying a difference in pay, and in particular the availability of bonus schemes.


Wilkie J, Benyon, Smith


[2007] UKEAT 0684 – 05 – 2603




Equal Pay Act 1970 1(2)(b), EU Treaty 141, Equal Pay Directive (75/117/EEC) 1


England and Wales


CitedStrathclyde Regional Council and others v Wallace and others (Scotland) HL 22-Jan-1998
80% of the men who had been employed since 1 April 1997 had got protection under TUPE whereas only 66.66% of the women had. It was argued that this difference in percentages was sufficient to justify a claim of indirect discrimination.
Held: . .
CitedGlasgow City Council and Others v Marshall and Others HL 8-Feb-2000
Although instructors in special schools, carried out work of a broadly similar nature to qualified teachers, and the majority were women, they were not entitled to an equality of pay clause, since there was no evidence of sex discrimination, and the . .
CitedMinistry of Defence Police v S A Armstrong EAT 16-Jun-2004
EAT Disability Discrimination – Less favourable treatment . .
CitedPaterson and others v London Borough of Islington and others EAT 23-Apr-2004
. .
CitedBritish Road Services Ltd v Loughran CA 1997
Lord Justice Kerr said: ‘Firstly, as I have pointed out, it was the applicant in Enderby [1993] IRLR 591 who first used the expression ‘almost exclusively’ to refer to the female group. I consider that the Court of Justice was merely reflecting the . .
CitedArmstrong and others v Newcastle Upon Tyne NHS Hospital Trust CA 21-Dec-2005
The claimants claimed equal pay, asserting use of particular comparators. The Trust said that there was a genuine material factor justifying the difference in pay.
Held: To constitute a single source for the purpose of article 141, it is not . .
CitedHome Office v Bailey and others CA 22-Mar-2005
Prison officers claimed awards for sex discrimination. The employer replied that the pools of comparators each contained members of either sex. The appellants sought to establish that any less favourable treatment of them in comparison with the . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 28 January 2022; Ref: scu.250491