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Equal pay: Broad approach to finding prima facie pay discrimination

This report relates to 1 case(s)

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    Bailey and others v Home Office [2005] IRLR 369 CA (2 other reports)

    • Equal pay: case law update

      2 March 2007

      This article looks at some of the significant judgments in the area of equal pay over the past year and their implications.

    • Equal pay: case law update

      3 February 2006

      We review recent significant equal pay cases and their implications. Developments of note include the application of the "single source" test to comparators within an employment unit, and a reference to the ECJ on whether use of length of service as a pay system criterion requires specific objective justification.

Key points

In Bailey and others v Home Office, the Court of Appeal holds:

  • The tribunal was correct to hold that the Home Office was required to show that there was a genuine material factor which was not the difference of sex and which objectively justified the less favourable terms of the claimants' contracts, who had been evaluated as performing work of an equal value to their male comparators, but who were paid at a lower rate.
  • Although there was a similar number of disadvantaged men and women, the statistics revealed that the proportion of disadvantaged men compared with the proportion of disadvantaged women, when expressed as a ratio, was significant enough to establish a prima facie case of sex discrimination.