ABSTRACT
Wallace by Marshall. The relevant legislation (s 1(3) of the Equal Pay
Act 1970) states:
An equality clause shall not operate in relation to a
variation between the woman’s contract and the man’s
contract if the employer proves that the variation is
genuinely due to a material factor which is not the
difference of sex and that factor: (a) in the case of an
equality clause falling within sub-s (2)(a) or (b) above,
must be a material difference between the woman’s case
and the man’s; and (b) in the case of an equality clause
falling within sub-s (2)(c) above, may be such a material
difference.
