Gibson and others v Sheffield City Council [2010] EWCA Civ 63; [2010] WLR (D) 47
“In an equal pay claim, it was open to an employer to avoid the need for objective justification of a pay disparity if he could show that, even if the pay practice had an adverse impact on women, that practice was not tainted by sex discrimination under s 1(3) of the Equal Pay Act 1970, so that the obligation to justify the disparity objectively did not arise. However, the application of that proposition was limited and merely because there was an explanation for the difference in pay which was not directly discriminatory did not necessarily mean that the pay practice was not tainted by sex.”
WLR Daily, 23rd February 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.