Cooksey and Others v Trafford Borough Council and Others UKEAT/0255/11 and UKEAT/0256/11; (2013) EMPLR 001
Equal Pay - allowances
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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