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Equal pay: Cross-establishment claims and the GMF defence

This report relates to 1 case(s)

The Court of Appeal has recently considered two cases which raise the issues of whether a male comparator employed at a different establishment from an applicant is "in the same employment" for the purposes of a claim under the Equal Pay Act, and the nature of the employer's "material factor" defence under s.1(3) of that Act. In its consolidated judgment in British Coal Corporation v Smith and othersand North Yorkshire County Council v Ratcliffe and others [1989] IRLR 28, the Court holds that a male comparator employed at a different establishment must be employed by the same employer, or an associated employer, on the same terms and conditions as apply, or would apply, to employees of the comparator's class at the applicant's establishment.