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 British Coal Corporation v Smith and others/North Yorkshire County Council v Ratcliffe and others (28 April 1994) EOR56A, the Court of Appeal rules that there was no sex discrimination when an employer cut the pay of jobs done mainly by women in order to tender for work at a commercially competitive rate.
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