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Armstrong & Ors v Newcastle Upon Tyne NHS Hospital Trust - Equal Pay, Court of Appeal 21.12.2005

Two Equal Pay Act appeals ("wrong comparator" and "genuine material factor defence") concerning hospital compulsory competitive tendering for domestic ancillary staff work.

Three CA judges concluded (for differing reasons) that the Employment Tribunal was in error on preliminary issues. Case remitted back for ET to consider whether the decision to put the domestic services out to tender involved an act of discrimination on grounds of gender, bearing in mind that the decision must be assessed without any reference to the fact that the comparators (hospital porters) are men.

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