Skills Development Scotland Co Ltd v Buchanan and others EATS/0042/10

Reports relating to this case:

  • Equal pay: Preservation of higher pay after TUPE transfer was genuine material factor

    Date:
    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.

  • Equal pay: employer not obliged to close pay gap following TUPE transfer

    Date:
    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.