Symington v. Iss Facility Services Limited [2008] UKEAT 0050_08_2703 (27 March 2008)

Symington v. Iss Facility Services Limited [2008] UKEAT 0050_08_2703 (27 March 2008)

The appeal failed because the Employment Tribunal correctly found that the pay difference was due to a material factor—shift timing and unsocial hours—which was not related to sex. Even if the Tribunal erred in its approach to pay comparison, the material factor defence was established and justified the pay variation.

Citation
[2008] UKEAT 0050_08_2703
Parties
Claimant: Mr Symington; Respondent: ISS
Jurisdiction
United Kingdom
Judgment Date
27 March 2008
Procedural Posture
Employment Appeal / Rule 3(10) Application After Initial Dismissal of Appeal
Outcome
Appeal dismissed
Legal Topics
Equal Pay, Material Factor Defence, Sex Discrimination
Employment Law Equal Pay Material Factor Defence Sex Discrimination

Case Brief

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Parties

Mr Symington

Claimant

ISS

Respondent

Procedural Posture

Employment Appeal / Rule 3(10) Application After Initial Dismissal of Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in its approach to determining pay comparison under equal pay law
  2. 2 Whether the material factor defence under Equal Pay Act 1970 section 1(3) was properly applied

Ratio Decidendi

The appeal failed because the Employment Tribunal correctly found that the pay difference was due to a material factor—shift timing and unsocial hours—which was not related to sex. Even if the Tribunal erred in its approach to pay comparison, the material factor defence was established and justified the pay variation.

Court Disposition

Appeal dismissed

Orders

  • No further action on the appeal
  • Permission to appeal to the Court of Appeal refused