Objective justification of pay differential only necessary where explanation is discriminatory
Article Abstract:
The British House of Lords ruled in Strathclyde Regional Council v. Wallace that an employer does not have to justify the difference in pay unless the reason for it is sexually discriminatory. If there is no element of sexual discrimination, the employer establishes a material factor defence with proof that the alleged reason for the pay difference is not a sham or pretense, and by proving that the reason is causally related to the wage differential. A taint of sexual discrimination will be fatal to a material factor defense unless it can be objectively justified.
Publication Name: Industrial Relations Law Bulletin
Subject: Law
ISSN: 0969-3637
Year: 1998
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No right to full pay during maternity leave
Article Abstract:
The European Court of Justice's Gillespie decision holds EC equal pay requirements do not imply that women on maternity leave are to receive full pay, although pay increases during the leave should be considered. EC law prohibits improperly-low benefit payments but otherwise does not stipulate amounts. The decision is consistent with previous interpretations of the Pregnant Workers Directive regarding employers' obligations in this area.
Publication Name: Industrial Relations Law Bulletin
Subject: Law
ISSN: 0969-3637
Year: 1996
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