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Sufficiency of evidence in equal pay claims - McNeil v Revenue and Customs Commissioners [EAT] 27.02.18 (Unreported)

A distribution analysis produced in an equal pay claim, which showed that females were clustered at the lower end of the pay scales and males at the higher end, was not enough to establish that the female employees were at a particular disadvantage within the meaning of the Equality Act 2010 s.69(2) when compared with their male comparators. Particular disadvantage had to be proved by reference to actual basic pay. The line of authorities deriving from Armstrong v Newcastle upon Tyne NHS Hospital Trust was no longer good law.
Category: Employment » Equal pay. Area(s) of law: Employment.
Source: [2018] UKEAT 0183_17_2702.

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