Equal pay: Genuine material factor must be justified by objective criteria
This report relates to 1 case(s)
Sharp v Caledonia Group Services Ltd  IRLR 4 EAT (3 other reports)
In Sharp v Caledonia Group Services Ltd 01.11.05 UKEAT/0041/05/ZT, the EAT holds:
- The tribunal erred in finding that the difference between the claimant's pay and that of her comparator was due to a genuine material factor that was not the difference of sex.
- The tribunal had followed the domestic approach, which simply requires that the employer can account for any difference in pay by reference to a factor that is material but is not the employee's sex, unless the factor itself may indirectly discriminate against women, in which case it must be objectively justified.