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Equal pay: Tribunal focused wrongly on disadvantaged group

This report relates to 1 case(s)

Key points

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) [2005] 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.