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Equal pay: Non-discriminatory factor need not be justified to be "material"

This report relates to 1 case(s)

In Parliamentary Commissioner for Administration and another v Fernandez [2004] IRLR 22, the EAT holds that an employer was not required objectively to justify the difference in pay between the complainant and his female comparator, in circumstances where there was no suggestion that the factors relied on by the employer in seeking to establish the "material factor" defence to the equal pay claim were indirectly discriminatory.