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18 May 2012
Employment Appeal Tribunal (EAT)
Wilkie J, Mrs C Baelz and Mr R Lyons
An allowance paid to employees for agreeing to be ‘on-call' did not breach the equal pay legislation even though only men received it. It was explained by a material factor - the need to encourage employees to agree to be on-call. That was a legitimate aim and the payment of the allowance was a proportionate way of achieving it.
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The status of employment rights on the transfer of an undertaking is an extremely complex area of...