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Equal pay: Factors relevant to equal value evaluation and material factor defence

This report relates to 1 case(s)

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    Christie and others v John E Haith Ltd [2003] IRLR 670 EAT (0 other reports)

In Christie and others v John E Haith Ltd [2003] IRLR 670, the EAT holds that an employment tribunal was correct to find that an employer could rely on the defence that there was a genuine material factor, which was not the difference in sex, that accounted for the pay differential between female seed-packers and their male comparators who dealt with much heavier packages, and who had additional duties loading and unloading delivery vehicles and emptying rubbish. The principle established in Davies v McCartneys [1989] IRLR 439, that the fact that a particular factor is relevant in the evaluation exercise to determine the question whether the work is of equal value, is no ground for excluding it from being relied upon in the context of the genuine material factor defence.