All items: Material factor defence

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  (1) Snoxell and Davies v Vauxhall Motors Ltd (2) Charles Early & Marriott (Witney) Ltd v Smith and Ball [1977] IRLR 123 EAT (1 report relating to this case)

  • Equal pay: "Red-circling" not automatic defence to equal pay claim

    Date:

    1 April 1977

    That men employed on like work with women are in a special "red-circled" category does not automatically provide a defence to a claim for equal pay on grounds that the variation in pay is genuinely due to a material difference, other than the difference of sex, between the men's case and that of the women. This is the major principle established by the EAT in a joint judgment in respect of two "red-circling" appeals - Snoxell and Davies v Vauxhall Motors Ltd and Charles Early & Marriott (Witney) Ltd v Smith and Ball.

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  Abbott and others v Cheshire and Wirral Partnership NHS Trust [2006] All ER (D) 140 (Jan) EAT (1 report relating to this case)

  • Abbott and others v Cheshire and Wirral Partnership NHS Trust

    Date:

    10 February 2006

    In Abbott and others v Cheshire and Wirral Partnership NHS Trust [2006] All ER (D) 140 (Jan) EAT, the Employment Appeal Tribunal has held that an employment tribunal in an equal pay claim failed to consider the balance between the discriminatory effect of not paying bonuses to a group of employees and the objective justification for that decision.

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  Allen and others v Healthcare Commission ET/2402045/07 (1 report relating to this case)

  • Case digest: Equal pay

    Date:

    1 March 2008

    Sue Johnstone, editor of Equal Opportunities Review, rounds up some of the remedies that employment tribunals have awarded in discrimination cases.

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  Audit Commission v Haq EAT/0123/10 (1 report relating to this case)

  • Case of the week: Equal pay

    Date:

    26 April 2011

    This week's case of the week, provided by DLA Piper, covers equal pay.

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  Bailey and others v Home Office [2005] IRLR 369 CA (3 reports relating to this case)

  • Equal pay: case law update

    Date:

    2 March 2007

    This article looks at some of the significant judgments in the area of equal pay over the past year and their implications.

  • Equal pay: case law update

    Date:

    3 February 2006

    We review recent significant equal pay cases and their implications. Developments of note include the application of the "single source" test to comparators within an employment unit, and a reference to the ECJ on whether use of length of service as a pay system criterion requires specific objective justification.

  • Equal pay: Broad approach to finding prima facie pay discrimination

    Date:

    10 June 2005

    In Bailey and others v Home Office, the Court of Appeal holds that the tribunal was correct to hold that the Home Office was required to show that there was a genuine material factor which was not the difference of sex and which objectively justified the less favourable terms of the claimants' contracts, who had been evaluated as performing work of an equal value to their male comparators, but who were paid at a lower rate.

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  Bainbridge and others v Redcar & Cleveland Borough Council (No.2) [2007] IRLR 494 EAT (1 report relating to this case)

  • Equal pay: Job evaluation scheme did not have retrospective effect

    Date:

    27 June 2007

    In 1) Bainbridge & Ors 2) Redcar & Cleveland Borough Council v 1) Redcar & Cleveland Borough Council 2) Williams EAT/0424/06 & EAT/0031/07 the Employment Appeal Tribunal held that successful equal pay claims confer the right to up to six years' back pay prior to the institution of proceedings.

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  Baker and others v Rochdale Health Authority 14 January 1994 CA (1 report relating to this case)

  • Equal pay: Male nurse's training function justified higher pay

    Date:

    1 August 1994

    A male district nurse's training and advisory role in male catheterisation techniques was a genuine material factor justifying his being paid more than female district nurses, holds the Court of Appeal in Baker and others v Rochdale Health Authority.

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  Barber and others v NCR (Manufacturing) Ltd [1993] IRLR 95 EAT (1 report relating to this case)

  • Absence of discrimination does not satisfy defence

    Date:

    1 March 1993

    In Barber and others v NCR (Manufacturing) Ltd (12 January 1993) EOR48D, the EAT rules that it is not sufficient for an employer to show that sex discrimination was not the cause of a variation in pay between women and men employed on equal work. The employer must also show that the variation is genuinely due to a material factor other than sex.

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  Barton v Investec Henderson Crosthwaite Securities Ltd [2003] IRLR 332 EAT (7 reports relating to this case)

  • Equal pay and sex discrimination: New guidance on burden of proof in sex discrimination claims

    Date:

    3 July 2003

    In Barton v Investec Henderson Crosthwaite Securities Ltd, the EAT holds that by the insertion of the new section 63A into the Sex Discrimination Act 1975, a "shifting" burden of proof is introduced into sex discrimination claims, making it necessary to set out fresh guidance as to the correct approach for employment tribunals to take.

  • Case round-up

    Date:

    1 June 2003

    Our resident experts at Pinsents bring you a comprehensive update on all the latest decisions that could affect your organisation, and advice on what to do about them.

  • Guidance on burden of proof

    Date:

    1 June 2003

    In Barton v Investec Henderson Crosthwaite Securities Ltd (3 April 2003), the EAT sets out guidance on the correct approach to the burden of proof in equal pay and sex discrimination cases.

  • EAT slams City culture of pay secrecy

    Date:

    1 May 2003

    Louise Barton has won her appeal against the employment tribunal's decision in her sex discrimination and equal pay case.

  • Equal value update

    Date:

    1 May 2003

    Kate Godwin charts the recent developments on equal pay and reports on key equal value cases.

  • Case round-up: transparency of incentive schemes and time limits for making discrimination claims

    Date:

    22 April 2003

    This week's case round-up from Eversheds, covering: transparency of incentive schemes; and time limits for making discrimination claims.

  • Burden of proof for pay equality shifts to firms

    Date:

    15 April 2003

    The EAT's shrewd ruling over a City bonus claim has wide implications for all employers fighting sex discrimination cases and serves as a warning over transparent pay scales. By Makbool Javid of DLA.

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  Bateman v Hull & East Riding Community Health NHS Trust [2001] ET/1807708/00 (1 report relating to this case)

  • Case digest

    Date:

    1 August 2002

    Hilary Slater, consultant with Cobbetts solicitors, provides a round-up of employment tribunal decisions on discrimination.