Labour & European Law Review
02 February 2012
Union reps could be saving employers as much as £701m a year or £2m a day, according to a report published last week by the TUC.
It calculated that for every £1 spent on union facility time in the public sector, between £3 and £9 was returned in accrued benefits.
The Equality Act says that employers can defend a difference in pay - known as the material factor defence (MFD) - if they can show it has nothing to do with sex. In Secretary of State for Justice v Bowling, the Employment Appeal Tribunal (EAT) said that a difference in pay at the recruitment stage can still act as an MFD in subsequent years.
Section 3 of the Sex Discrimination Act (SDA, now included in the Equality Act) states that it is discriminatory to treat married people less favourably because of their marital status. In Dunn v Institute of Cemetery and Crematorium Management, the Employment Appeal Tribunal (EAT) said that it is also discriminatory to treat someone less favourably because they are married to a particular person.