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Symington v ISS Facility Services Ltd - Appeal on method of pay calculation dismissed since Genuine Material Factor defence had in any event been established [2008] EAT

Mr Symington brought an Equal Pay Act claim against ISS, alleging he was paid less than a female comparator. The employment tribunal rejected his claim. It concluded that in fact he was paid more than his comparator, and in any event ISS had made out the defence of a "genuine material factor"(GMF) to show that any pay difference was not due to sex. Mr Symington sought leave to appeal to the EAT.

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