Sheffield City Council v Crosby and others, Gibson and others v Sheffield CC - disparate impact of pay scheme can be shown not to be "sex-tainted" [2009] EAT
In these equal pay claims, the issue before the Employment Tribunal was whether the Council could show that bonus payments to the predominantly male comparators and not to the female "carers" (led by Mrs Gibson) and "cleaners" (led by Mrs Crosby) was genuinely due to a material factor which was not the difference in sex.
The Tribunal held that the bonus payments were, and always had been, genuinely linked to productivity. It then considered the two claimant groups.
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