In Young v University of Edinburgh the EAT finds that an employer can establish a defence to an equal pay claim by showing that the difference in pay was genuinely due to an administrative error, which the employer could not rectify without creating further anomalies.
A difference in pay between a man and a woman doing like work can be justified on the grounds that the disparity arose from an administrative or clerical error, holds the EAT in Young v University of Edinburgh, but only where the employer can further show that it was unable to eliminate the disparity.
In Younis v (1) Trans Global Projects Ltd (2) Charnock EAT/504/05, the Employment Appeal Tribunal has held that a contract of three years' duration whereby an individual agreed to do work as and when it arose but where there was no obligation actually to do anything during that period did create mutuality of obligation.
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