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Newcastle Upon Tyne NHS Hospitals Trust v Armstrong and Others - Market pay rates can be "tainted by sex"

The Court of Appeal hasĀ confirmed the EAT's view that, if market rates of pay for a job are affected by the fact that most people doing the job are female, then the decision to take market rates into account in deciding pay levels for that job is "tainted by sex". Such a decision was, therefore, a breach of the (now-repealed) Equal Pay Act 1970 unless itĀ could be objectively justified.

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