“…ells a female employee ―I would pay you more if you were a man‖ but there is no actual man doing equal work. In BMC Software Ltd v Shaikh [2017] UKEAT 0092/16, [2017] IRLR 1074, the EAT (Judge Hand QC) accepted that that must be the kind of case at which section 71 is directed (see paras. 75-76 of his judgment), and I agree.…”
“…aim cannot be both discrimination and a breach of the sex equality clause (whose boundary is defined in this context by EA section 70 and BMC Software v Shaikh [2017] IRLR 1074, [71], per HHJ Hand QC).…”