Equal pay: Tribunal focused wrongly on disadvantaged group
This report relates to 1 case(s)
In British Airways plc v Grundy and others 26.8.05, UKEAT/0676/04/RN, UKEAT/0827/04/RN, UKEAT/0829/04/RN, the EAT holds:
- The tribunal had wrongly focused on the gender composition of the disadvantaged group in making findings of disparate impact, contrary to Harvest Town Circle v Rutherford (No.2)  ICR 119, which holds that the advantaged group should be the basis for the comparison of men and women who can comply with the relevant condition.
- The claims were properly made under the Equal Pay Act 1970 and the tribunal should not have considered the Sex Discrimination Act 1975.