Claimant v Sodexo Limited
Outcome
Individual claims
The tribunal found that the respondent had a genuine material factor for the differential in pay between the claimant and her comparator which was not because of sex and which did not put the claimant and women at a particular disadvantage compared to men doing equal work.
Facts
The claimant brought an equal pay claim against Sodexo Limited, comparing her pay to a male comparator who was doing work which the tribunal accepted was equal to hers for the purposes of the hearing. The claimant was self-represented while the respondent was represented by counsel.
Decision
The tribunal dismissed the equal pay claim, finding that the respondent had established a genuine material factor defence. The pay differential was not because of sex and did not put women at a particular disadvantage compared to men doing equal work.
Practical note
A genuine material factor defence will succeed in an equal pay claim if the employer can show the pay difference is not sex-based and does not cause indirect discrimination against women.
Legal authorities cited
Case details
- Case number
- 2408670/2022
- Decision date
- 25 February 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Name
- Sodexo Limited
- Sector
- professional services
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No