Disturbance allowance

Case 9: The facts

Furniture manufacturer MFI UK wanted to change shift rotas. It offered one group of predominately male workers a disturbance payment. Shifts that were mainly female were offered nothing and claimed they had been discriminated against.

The ruling

The employer's only defence was that the women were less opposed to the change and that there was therefore no need to offer them an incentive. The EAT upheld the claim, ruling that this was not a legitimate justification.

* MFI UK v Bradley and others EAT/1125/02