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The Employer’s Defence

  • Michael Rubenstein

Abstract

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’.

Keywords

Market Force Market Rate Material Factor Material Difference Additional Payment 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

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Notes

  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

Copyright information

© Michael Harvey Rubenstein 1984

Authors and Affiliations

  • Michael Rubenstein

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