BMC Software Ltd v Ms A Shaikh (second Judgment) (EQUAL PAY ACT - Material factor defence) [2017] UKEAT 0092_16_0908 (9 August 2017)

BMC Software Ltd v Ms A Shaikh (second Judgment) (EQUAL PAY ACT - Material factor defence) [2017] UKEAT 0092_16_0908 (9 August 2017)

The tribunal found that the employer failed to establish a material factor defence and upheld the claim for equal pay.

Citation
[2017] UKEAT 0092_16_0908
Parties
Appellant: BMC Software Ltd; Respondent: Ms A Shaikh
Jurisdiction
United Kingdom
Judgment Date
09 August 2017
Procedural Posture
Employment Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Equal Pay, Material Factor Defence
Employment Law Equal Pay Material Factor Defence

Case Brief

Summary, issues, holding and outcome

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Parties

BMC Software Ltd

Appellant

Ms A Shaikh

Respondent

Procedural Posture

Employment Appeal / Judgment

Legal Issues

  1. 1 Whether the employer established a material factor defence under the Equal Pay Act

Ratio Decidendi

The tribunal found that the employer failed to establish a material factor defence and upheld the claim for equal pay.

Court Disposition

appeal dismissed

Orders

  • The employer's appeal is dismissed
  • The tribunal's decision in favour of the employee is upheld