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Allocating proof under s.1(3)

This report relates to 1 case(s)

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    The Financial Times Ltd v Byrne and others (No.2) [1992] IRLR 163 EAT (0 other reports)

In The Financial Times Ltd v Byrne and others (No.2) (29 January 1992) EOR43A, the EAT holds that s.1(3) of the Equal Pay Act 1970 requires the employer to prove not only that a variation in pay between a woman and a man employed on work of equal value is genuinely due to a material factor but requires the employer also to prove that this is not due to the difference of sex. The EAT goes on to give guidance as to the order of proof under s.1(3).