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material factor defencecompetitive tendering
Newcastle Upon Tyne NHS Hospitals Trust v Armstrong & Ors
UKEAT/0069/09/JOJ ([2010] ICR 674)
Key Principle
Paying a predominantly female group less (by withdrawing bonus entitlement) in order to make their services competitive for compulsory competitive tendering is not, without objective justification, a genuine material factor defence to an equal pay claim, because the cost-saving motive is itself tainted by the sex-based disparity it seeks to exploit.
Area of Law
General
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