In The Financial Times Ltd v Byrne and others (No.2) (29 January 1992) EOR43A, the EAT holds that s.1(3) of the Equal Pay Act 1970 requires the employer to prove not only that a variation in pay between a woman and a man employed on work of equal value is genuinely due to a material factor but requires the employer also to prove that this is not due to the difference of sex.
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