Equal pay: "Genuine material factor" need not be objectively justified
This report relates to 2 case(s)
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Strathclyde Regional Council v Wallace and others [1996] IRLR 670 CS (0 other reports)
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Tyldesley v TML Plastics Ltd [1996] IRLR 395 EAT (1 other report)
In Tyldesley v TML Plastics Ltd [1996] IRLR 395, the EAT rules that an industrial tribunal was wrong to hold that the employer's genuine material factor defence to an equal pay claim had to satisfy a test of objective justification. Such a test is appropriate only where the factor relied on by the employer gives rise to indirect discrimination.