Chadwick v Morton Newspapers [2005] NIIT 1776_00 (10 June 2005)

Chadwick v Morton Newspapers [2005] NIIT 1776_00 (10 June 2005)

The claimant's work was of equal value to that of her male comparator. The respondent failed to prove that the pay difference was due to a genuine material factor unrelated to sex, as the thirty per cent rule was not shown to be free from gender bias and was not based on job demands.

Citation
[2005] NIIT 1776_00
Parties
Claimant: Janet Chadwick; Respondent: Morton Newspapers
Jurisdiction
Northern Ireland
Judgment Date
10 June 2005
Procedural Posture
Employment Tribunal / Final Decision
Outcome
claim upheld
Legal Topics
Equal Pay, Job Evaluation, Sex Discrimination, Material Factor Defence
Employment Law Equality Law Equal Pay Job Evaluation Sex Discrimination Material Factor Defence

Case Brief

Summary, issues, holding and outcome

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Parties

Janet Chadwick

Claimant

Morton Newspapers

Respondent

Procedural Posture

Employment Tribunal / Final Decision

Legal Issues

  1. 1 Whether the claimant carried out work of equal value to her male comparator (advertising make-up supervisor)
  2. 2 Whether the difference in pay was due to a genuine material factor not related to sex under Section 1(3) of the Equal Pay Act (Northern Ireland) 1970

Ratio Decidendi

The claimant's work was of equal value to that of her male comparator. The respondent failed to prove that the pay difference was due to a genuine material factor unrelated to sex, as the thirty per cent rule was not shown to be free from gender bias and was not based on job demands.

Court Disposition

claim upheld

Orders

  • The claimant is entitled to benefit from an equality clause in her contract of employment.