“…op to show that a factor remained material; the burden was not on Mrs Walker to disprove materiality. Following Lord Nicholls in Marshall v Glasgow City Council[2000] 1 WLR 333 HL at 339C-340B, the sex equality clause at s 66 of the EA 2010 has effect unless the employer shows that there is a material factor explaining the difference …”
“…annual consideration of lecturers’ pay was an obvious fresh decision if any was required. Secondly, the case was decided before Glasgow City Council v Marshall [2000] 1 WLR 333 and must therefore be viewed with caution. Thirdly, since it is a case in which there had been only one material factor operating at the time of the claimant’s…”
“…is would have no effect if the Co-op could show that the difference in pay was “because of a material factor”. As is clear from Glasgow City Council v Marshall [2000] 1 WLR 333, there are two issues here: the first is causation…”