Council of the City of Sunderland v Brennan & Ors - equal pay and genuine material factor defence

Bonus schemes may be non-discriminatory when first instituted, but as circumstances change over time they can lose that status and so breach equal pay legislation. Furthermore, a claimed inability to quantify the cost of pay-protection measures, or a claim of excessive costs, will not necessarily mean that these too do not fall foul of the legislation. Court of Appeal upholds EAT ruling to that effect.

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