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Absence of discrimination does not satisfy defence

This report relates to 1 case(s)

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    Barber and others v NCR (Manufacturing) Ltd [1993] IRLR 95 EAT (0 other reports)

In Barber and others v NCR (Manufacturing) Ltd (12 January 1993) EOR48D, the EAT rules that it is not sufficient for an employer to show that sex discrimination was not the cause of a variation in pay between women and men employed on equal work. The employer must also show that the variation is genuinely due to a material factor other than sex.