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Equal pay: Objective justification of pay differential only necessary where explanation is discriminatory

This report relates to 1 case(s)

In order to establish a "material factor" defence to an equal pay claim, the employer does not have to "justify" the difference in pay unless the factor relied on to explain it is sexually discriminatory, holds the House of Lords in Strathclyde Regional Council and others v Wallace and others 22.1.98 House of Lords. Provided that there is no element of sex discrimination, the employer establishes a material factor defence by proving that the alleged cause of the difference in pay is not a sham or a pretence, and by proving further that that factor is in fact causally relevant to the pay differential.