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19 March 2009
Issue: 7361 / Categories: Case law , Discrimination , Law digest , Employment
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Discrimination

Gibson v Sheffield City Council [2009] All ER (D) 133 (Mar)

An employer is not required to provide objective justification for the pay differential between the female claimants and their male comparators where he shows that the difference in treatment is not “tainted by sex” (following Surtees v Middlesborough County Council [2008] EWCA Civ 885; [2008] IRLR 776), [2008] All ER (D) 386 (Jul).

Where the employer identifies some particular and specific factor which he contends caused the difference in pay but which is applied only to a predominantly male group, it will be sex-tainted unless he can show that the factor applied only so as to benefit the male group but for nondiscriminatory reasons.

If, but only if, the employer cannot show that the reason was not due to the difference of sex, he must show objective justification for the disparity between the woman’s contract and the man’s contract (see also Hartlepool Borough Council v Dolphin [2009] IRLR 168).

Issue: 7361 / Categories: Case law , Discrimination , Law digest , Employment
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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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