Equal pay: Broad approach to finding prima facie pay discrimination
This report relates to 1 case(s)
Bailey and others v Home Office  IRLR 369 CA (2 other reports)
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.