Workplace Report January 2004

Law - Discrimination

Pay difference defence

Case 1: The facts

Margaret Christie and two colleagues worked for a seed-packing firm. They claimed they were being paid less than male employees. The men they were compared to worked in a different part of the premises and had additional duties. These involved loading and unloading vehicles which was physically demanding.

The ruling

The EAT held that the requirement to lift heavy loads could provide the employer with lawful grounds for the pay difference.

* Christie and others v John E Haith [2003} IRLR 670