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Employer can justify discriminatory retirement policy under Equal Pay Act

This report relates to 1 case(s)

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    Barclays Bank plc v James [1990] IRLR 90 EAT (0 other reports)

In Barclays Bank plc v James (10 January 1990) EOR30A, the EAT holds that a woman is precluded from claiming under the Sex Discrimination Act 1975 that she had been directly discriminated against under a contractual retirement policy if the employer can show that the complaint should have been brought under the Equal Pay Act 1970 by identifying a comparator employed on equal work. The EAT also holds that, in any event, a direct discrimination complaint can only succeed where the reason why a woman is treated unfairly is because of her sex, rather than some other reason.