Equal pay: Calculation of part-timer's severance payment objectively justified
This report relates to 1 case(s)
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Barry v Midland Bank plc [1998] IRLR 138 CA (1 other report)
Calculating severance payments by reference to final pay, so that a part-timer who had previously worked full time did not have her full-time service reflected in her severance payment, was not proven to have a disproportionately adverse effect on women as compared with men but, if there was indirect discrimination, it was objectively justified, holds the Court of Appeal in Barry v Midland Bank plc [1998] IRLR 138. The primary objective of the scheme under which severance payments were made was to cushion employees against unemployment, and its secondary objective was to compensate them for the loss of their jobs and to reward their loyalty.