ABSTRACT
These decisions were approved by the House of Lords in two recent cases, where the
113 [1987] AC 224; [1987] 1 All ER 65; [1987] IRLR 26. 114 In Yorkshire Blood Transfusion Service v Plaskett [1994] ICR 74, EAT, the court accepted that
such a defence amounted to a genuine material factor, whereas in McPherson v Rathgael Centre for Children and Young People [1991] IRLR 206, NICA, the opposite result was reached. McPherson was overruled in Wallace (below). Other cases to adopt a similar approach to Plaskett are Tyldesley v TML Plastics Ltd [1996] ICR 356; [1996] IRLR 385, EAT; and Barber v
debate resurfaced. The House of Lords characterised the claims as fair pay, rather than equal pay.
