BMC Software Ltd v Shaikh

Employment – Equal Pay. If an employer was going to seek to justify a pay disparity based on a factor such as the comparator's promotion or superior merit or market forces, it had to be able to explain with particularity what those factors meant and how they were assessed, and how they had applied in the circumstances of the case. Accordingly, the Court of Appeal, in allowing the claimant's cross-appeal against the decision of the Employment Appeal Tribunal, held that the employer had been unable to do that because of its chaotic and non-transparent employment system.

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