In Redcar & Cleveland Borough Council v Bainbridge and Equality and Human Rights Commission and other appeals  IRLR 776, the Court of Appeal held that a transitional pay protection scheme that, in effect, preserved the previous (unlawful) pay levels of men, while failing to offer equivalent higher pay to women engaged on work rated as equivalent, perpetuated historic indirect sex discrimination and was not objectively justified.
The Court of Appeal has held that arrangements to protect the pay of predominantly male groups after a job evaluation scheme were discriminatory and could not be justified.
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