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England and Wales decisions
Decisions matching the current search
Employer equal pay appeal partly succeeded: the EAT upheld most findings on particular disadvantage and direct discrimination, but overturned the basic pay justification analysis.
Equal pay appeal on the material factor defence under s.69 Equality Act 2010. The EAT found error in the indirect discrimination analysis and remitted the case.
The Employment Appeal Tribunal set aside orders permitting economist evidence in a Tesco equal pay case, holding the tribunal had not properly identified the issues.
The EAT held the tribunal applied the wrong test when refusing Tesco permission to call expert evidence in equal value litigation, and remitted the issue.
The tribunal was entitled to find that the differences in pay and conditions between the claimant and her comparators were due to material factors, including the requirement for Grey Book employees to maintain operational competence and be available for operational duties, and that these were proportionate means of achieving legitimate aims. The fact that some comparators may not have fully complied with operational requirements did not undermine the genuineness of the employer's requirements. The experiment at HOST level did not demonstrate that levelling up terms for the claimant would not…
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The employment tribunal failed to make the necessary findings of fact to determine whether the claimant and her comparators were engaged in like work as required by section 65 Equality Act 2010. This fundamental failure invalidated the judgment and required remission for rehearing.
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The Tribunal materially misdirected itself in law by treating identification of the pay decision-maker as essential to the material factor defence and by excluding relevant comparative evidence. Causation is an objective matter and does not require proof of the subjective thought process of a specific decision-maker. The Tribunal’s judgment was set aside and the preliminary issue remitted to a differently constituted Tribunal.
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The EAT upheld complex disclosure and case-management orders in Tesco equal pay litigation, dismissed the first two grounds of appeal, and refused the rest to proceed.
Walker v Co-Operative Group Ltd & Anor [2020] EWCA Civ 1075 (14 August 2020)
The Court of Appeal dismissed an equal pay and direct discrimination appeal by Samantha Walker, holding that material pay factors remained causative and dismissal was due to HR reorganisation.
Court of Appeal dismissed an employee’s appeal on equal pay and direct sex discrimination, holding the pay factors remained causative and the dismissal was for reorganisation.
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