Representation:-

• the material factor defence used to justify a discrepancy in pay between men and women doing the same work or work of equal value must be objectively justified to show that any inequality is not on the basis of gender;

• where a difference in pay between a man and a woman doing the same work or work of equal value is proven, the burden shifts to the employer to justify the difference whether or not the claimant has established that the difference in pay is related to gender.

editor's note:
Caledonia Group Services Ltd lodged an appeal to the Court of Appeal and the hearing was set for 19th June 2006 - but the case was settled out of court before the hearing. It is understood that Caledonia Group Services paid an amount (undisclosed) to Ms Sharp, plus her legal costs.

For relevant general notes see sex discrimination/equal pay and terms of employment/defence of 'genuine material factor'