Employment—Equal pay

The proceedings concerned the first case relating to the equal terms and conditions, in particular in respect of pay, under the Equality Act 2010. The Employment Appeal Tribunal held that the starting point was for the employer to show that the difference between the man’s pay and the woman’s pay was because of a material factor. It was clear from the terms of s 69(2) of the Act that the burden of proof, which was the subject matter of the Nelson decision, was clearly set out in that sub-section. Where a pay disparity arose for examination, it was not sufficient for an employer to show why one party was paid as one party was. The statute required an explanation for the difference, which inevitably involved considering why the claimants were paid as they were, on the one hand, and separately, why the comparator was paid as he was. Discrimination claims in particular should not be struck out where they involved a core disputed fact.