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Equal pay: No need for formulaic approach in equal pay cases

This report relates to 1 case(s)

  • expand disabled

    Ministry of Defence v Armstrong and others [2004] IRLR 672 EAT (0 other reports)

Key points

In Ministry of Defence v Armstrong and others, the EAT holds:

  • It is not necessary to adopt a strictly structured or formulaic approach to the question of whether there is indirect sex-related pay discrimination under the Equal Pay Act 1970, as the concept is broader than that which applies under the Sex Discrimination Act 1975.
  • For the s.1(3) Equal Pay Act 1970 "genuine material factor" defence, the fundamental question as to what constitutes a material factor is whether there is a causative link between the employee's sex and the fact that she is paid less than her comparator.