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United Kingdom material factor defencepay protection

Bury Metropolitan Borough Council v Hamilton

[2011] ICR 655; UKEAT/0413/09/ZT (Bury MBC v Hamilton; Sunderland CC v Brennan)
JurisdictionUnited Kingdom
CourtEmployment Appeal Tribunal
Year2011
StatusBinding authority

Key Principle

On a genuine material factor defence to an equal pay claim the employer must prove the factual explanation for the pay differential, and where a productivity bonus paid mostly to men has lost any genuine link to productivity it cannot justify the disparity, while pay-protection arrangements that perpetuate a tainted differential must themselves be objectively justified.

Area of Law

General

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