What is Material Factor Defence?

An equal pay claim under the Equality Act 2010 relies on the claimant demonstrating that they are engaged in equal work to a comparator of the opposite sex. They can do this by showing they are engaged in:

However, the sex equality clause has no effect where the employer can show that the difference in pay is because of a material factor (such as market forces, flight risk and experience) which causes a material difference between the claimant’s case and the comparators. The material factor must genuine and not be tainted with any sex discrimination, either directly or indirectly.

Farore Law is a leading boutique law firm that has a wealth of experience in advising senior executives on employment matters. We are well placed to provide appropriate advice regarding the enforceability of contractual terms, seeking a settlement agreement and commencing or defending litigation in the High Court or the Employment Tribunal.

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