This is a preview. To continue reading please log in or Register to read this article

Equal pay: No claim where disadvantaged group 'gender-neutral'

This report relates to 1 case(s)

  • expand disabled

    Home Office v Bailey and others [2004] IRLR 921 EAT (0 other reports)

Key points

In Home Office v Bailey and others, the EAT holds:

  • Where an advantaged group, for equal pay purposes, is predominantly male but the disadvantaged group is "gender-neutral", that is equally made up of men and women, a prima facie case of sex discrimination cannot be established.
  • As there is no prima facie sex discrimination in such circumstances, it follows that there is no requirement for the employer to provide objective justification for the inequality in pay between the two groups.
  • The employment tribunal had erred in basing its conclusion on a finding that it was a "requirement or condition" that, in order to obtain the advantages enjoyed by the comparator group, an employee had to be a member of the advantaged group. The preferred approach was to see whether the groups were proportionally more of one sex than another.