"Genuine material factor" need not be objectively justified
Article Abstract:
Two 1996 UK cases hold that objective justification is not required to support employers' general material factor defenses in litigation over equal pay. According to the Employment Tribunal Appeal's (EAT) decision in Tyldesley, objective justification tests are needed in instances of indirect discrimination but, in other situations, employers' mistakes or genuine perceptions which result in unequal treatment can support material factor defenses. The EAT's reasoning in the Tyldesley was subsequently used in the Court of Session's decision in the Strathclyde Regional Council case.
Publication Name: Industrial Relations Law Bulletin
Subject: Law
ISSN: 0969-3637
Year: 1997
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Irretrievable error may justify unequal pay
Article Abstract:
The Employment Appeal Tribunal ruling in an unequal pay litigation clarifies that pay disparity arising from a clerical error is acceptable only where the employer can establish inability to rectify the disparity. This approach is in keeping with EC legislation on the issue. In the case of Young V. University of Edinburgh, Young was suing the university for applying a different pay scales to him and to a female colleague doing like work. However, the different pay scales were the result of the university accepting a University Grant Committee recommendation.
Publication Name: Industrial Relations Law Bulletin
Subject: Law
ISSN: 0969-3637
Year: 1995
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No right to equal pay for time off
Article Abstract:
The 1996 UK Employment Appeal Tribunal Manor Bakeries decision holds that employers are not required to provide equal pay for time off, as in the case of two employees who attended a trade union conference. A male full-time employee-attendee received more compensation than a female part-time attendee, but the EAT concluded that the attendees were not actually working in the conventional sense. The decision is contrasted with the conclusion in the Botel trade union conference case and the ECJ's decisions in cases involving similar German statutes on pay.
Publication Name: Industrial Relations Law Bulletin
Subject: Law
ISSN: 0969-3637
Year: 1997
User Contributions:
Comment about this article or add new information about this topic:
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