Genuine material factor

Case 6: The facts

Police officers Susan Blackburn and Victoria Manley brought equal pay claims after their police force introduced a bonus scheme for officers who worked at least four hours at night. Neither Blackburn nor Manley worked these hours because of childcare responsibilities; they claimed that the system disadvantaged more women than men, and was therefore indirectly discriminatory.

A tribunal upheld their claims. Although the payment of the shift bonus was for a legitimate aim, it said, the force could have removed its discriminatory effect by also paying it to those who were unable to work those hours.

The ruling

The Employment Appeal Tribunal (EAT) held that there had not been any discrimination, as there is no requirement for an employer to compensate for the economic disadvantage of those with childcare responsibilities.

The payment of the bonus was to reward those who worked night shifts; having found that this was a legitimate aim and was not related to any discrimination based on sex, the EAT said, the tribunal should have gone on to conclude that it was justified.