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London Borough of Newham v Jacklin - Equal Pay claim - Expert's report and Genuine Material Factor defence [2005] EAT

A female employee claimed that from 1996 to 1999 she had done work of equal value to that done by her male comparator from 2000 to 2002 but had been paid less than him. EAT holds that the case should go to a full hearing as there were reasonably arguable prospects that the employer's defence of "genuine material factor" might succeed.

The interest of the case is that an expert's report was commissioned but, on the request of the employee, part of it was rejected by the tribunal. The employer's appeal against this rejection was dismissed by the EAT who did.

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