Skills Development Scotland Co Ltd v Buchanan and others EATS/0042/10
Reports relating to this case:
- 19 March 2012
In Skills Development Scotland Co Ltd v Buchanan and others EATS/0042/10, the EAT held that the employment tribunal erred in rejecting the employer’s genuine material factor defence to the effect that a difference in pay had been caused by the protection of the man’s pay following TUPE transfers. The tribunal had upheld the defence in respect of part of the claim, and had not found it to be a sham or pretence.
- 19 July 2011
The Employment Appeal Tribunal has held that an employer's compliance with the TUPE legislation to preserve existing contractual terms and conditions that results in a disparity in pay can amount to a genuine material factor that may provide a defence to an equal pay claim.