The Industrial Cases Reports
[2005] ICR 1546
Court of Appeal
Health and Safety Executive
v
Cadman
[2004] EWCA Civ 1317
2004 Oct 15
Peter Gibson, Maurice Kay LJJ and Sir Martin Nourse
Discrimination
— Sex
— Equal pay
— Variation due to material difference
— Applicant paid less than male comparators
— Length of service reason for differential
— Reason having disparate impact on women
— Whether employer having to show objective justification for use of length of service
— Whether differential justified
—
Equal Pay Act 1970, s. 1(3) (as substituted by Equal Pay (Amendment) Regulations 1983 (SI 1983/1794), reg 2(2))