In Thomas and others v National Coal Board and Barker v National Coal Board (15.5.87) EOR14E, the EAT upholds an industrial tribunal finding that the risk and additional responsibility of unsupervised night work as a canteen assistant justified unequal pay with day work both because they amounted to differences of practical importance for the purposes of s.1(4) of the Equal Pay Act 1970 and a material difference defence under s.1(3) of the Act.
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