In Reed Packaging Ltd v Boozer and Everhurst (18.3.88) EOR21B, the EAT holds that the existence of separate pay structures for hourly-paid and staff employees amounted to a genuine material factor defence justifying unequal pay. The EAT also rules that where an employer makes out a defence under s.1(3) at a preliminary hearing, there is no need to refer the complaint to an independent expert.
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