Naeem v Secretary of State for Justice [2015] EWCA Civ 1264; [2015] WLR (D) 517
‘In a claim under section 19 of the Equality Act 2010 for indirect discrimination, based on a system of pay relating to length of service, once the claimant had shown that use of the particular provision, criterion or practice, namely the length of service criterion, had lead to a disparity in pay, it was permissible to consider the reason for the disparity complained of in the sense of the factors which had caused it to occur.’
WLR Daily, 9th December 2015
Source: www.iclr.co.uk