This is a preview. To continue reading please log in or Register to read this article

Equal pay: Productivity bonus favouring men had to be justified

This report relates to 1 case(s)

In Gibson and others v Sheffield City Council [2010] IRLR 311 CA, the Court of Appeal confirmed that, even in cases of indirect pay discrimination, it remains open to the employer to establish that any apparent difference in treatment was not in any way tainted by sex, so that the need for objective justification of the disparate impact is not engaged. However, on the facts of the case, it was plain that the employer had not discharged that burden, so objective justification of the differential treatment was required.