Calmac Ferries Ltd v Wallace & Anor (Equal Pay Act : Material factor defence and justification) [2013] UKEAT 0014_13_2210 (22 October 2013)

Calmac Ferries Ltd v Wallace & Anor (Equal Pay Act : Material factor defence and justification) [2013] UKEAT 0014_13_2210 (22 October 2013)

The Employment Judge was entitled to refuse to strike out the claim because the material factor defence was not conceded and remained in dispute; the claimants had not accepted the respondent's explanation for the pay disparity, so the factual basis for the defence required determination at trial.

Citation
[2013] UKEAT 0014_13_2210
Parties
Respondent: CalMac; Claimant: Two female port assistants
Jurisdiction
United Kingdom
Judgment Date
22 October 2013
Procedural Posture
Employment Appeal / Appeal Against Refusal to Strike Out Equal Pay Claim
Outcome
Appeal dismissed
Legal Topics
Equal Pay, Material Factor Defence, Equality Act 2010, Sex Discrimination, Strike Out Applications
Employment Law Equality Law Equal Pay Material Factor Defence Equality Act 2010 Sex Discrimination Strike Out Applications

Case Brief

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Parties

CalMac

Respondent

Two female port assistants

Claimant

Procedural Posture

Employment Appeal / Appeal Against Refusal to Strike Out Equal Pay Claim

Legal Issues

  1. 1 Whether the Employment Judge erred in refusing to strike out the equal pay claim under the Equality Act 2010
  2. 2 Whether the claimants had to establish a prima facie case of indirect discrimination
  3. 3 Whether the material factor defence was conceded or remained in dispute

Ratio Decidendi

The Employment Judge was entitled to refuse to strike out the claim because the material factor defence was not conceded and remained in dispute; the claimants had not accepted the respondent's explanation for the pay disparity, so the factual basis for the defence required determination at trial.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.