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Haq & Ors v The Audit Commission - objective justification of potentially discriminatory pay protection schemes

A pay protection scheme designed solely to protect the previously (non-discriminatory) higher pay of employees affected by a re-structuring can be lawful even if it has a sex discriminatory effect.

This can be so as a simple matter of fairness to avoid a drop in pay for some staff and is totally different to the unlawful schemes seen in other (mainly local authority) cases that sought to preserve payments that had been previously discriminatorily withheld from claimant employees.

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