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United Kingdom material factor defencecompetitive tendering

Newcastle Upon Tyne NHS Hospitals Trust v Armstrong & Ors

UKEAT/0069/09/JOJ ([2010] ICR 674)
JurisdictionUnited Kingdom
CourtEmployment Appeal Tribunal
Year2010
StatusBinding authority

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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