An employer can defeat an equal pay claim if it can show that
the reason for a pay differential between a woman and her
comparator is a material factor that does not involve treating the
claimant less favourably because of her sex. The question for the
EAT in Co-operative Group Ltd v Walker was whether a
material factor could continue to operate after a job evaluation
study revealed that an employee was engaged on work rated as
equivalent with her comparators. The EAT found that it could.
Mrs Walker was appointed to the role of Chief Human Resources
Officer in early 2014 and formed part of the respondent's
Executive Committee. However, she was paid less than other (male)
members of the Committee. Almost exactly a year later, a job
evaluation study was carried out, which rated the claimant's
role as equivalent to other roles on the Committee. Mrs Walker
subsequently brought an equal pay claim, which the employment
tribunal upheld.
