The Employer’s Defence

  • Michael Rubenstein


If the Industrial Tribunal concludes that the work being compared is not of equal value, that is the end of the case and the application will be dismissed. If the Tribunal’s conclusion is that the work is of equal value, the employer has the opportunity to put forward a defence under the amended s.1(3) of the Act. Even if the woman’s job and the man’s job are held to be of equal value, the claim for equal pay will not succeed if the employer can show ‘that the variation is genuinely due to a material factor which is not the difference of sex’.


Market Force Market Rate Material Factor Material Difference Additional Payment 
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  1. 32.
    Lisa L. Shapiro, ‘Sex-Based Wage Discrimination: One Step Beyond The Equal Pay Act’, Hofstra Law Review, vol. 9, 1981, p. 1526.Google Scholar

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© Michael Harvey Rubenstein 1984

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  • Michael Rubenstein

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