- Equal pay: once particular disadvantage shown, no need to prove reason why (McNeil v Commissioners for HMRC)
- What are the practical implications of this judgment?
- What is the relevant background?
- Background law
- Background facts
- The decision of the employment judge
- What did the EAT decide?
- Case details
Employment analysis: In an equal pay case in which the claimant alleges that the material factor defence relied on by the employer is indirectly discriminatory, once the claimant has shown that she has suffered a particular disadvantage, that is enough and the employer cannot rebut that by requiring her to prove the reason why that disadvantage has been suffered, according to the EAT.
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