Barnard v Hampshire and Isle of Wight Fire and Rescue Authority
| Jurisdiction | UK Non-devolved |
| Neutral Citation | [2024] EAT 12 |
| Year | 2024 |
| Court | Employment Appeal Tribunal |
2023 Dec 13; 2024 Feb 14
Judge
Discrimination - Sex - Equal pay - Fire service - Claimant employed in non-operational role on less favourable terms as to remuneration, hours and holidays than operational firefighters - Claimant claiming equal pay when firefighters seconded to non-operational roles - Proper application of material factor defence -
The claimant was employed by the respondent fire service in an administrative role, on “Green Book” terms. Operational firefighters were employed on “Grey Book” terms, which were more onerous in relation to aspects of their duties and obligations but more favourable in relation to remuneration, hours and holidays. The claimant claimed equal pay regarding certain Grey Book terms, in respect of a period during which her comparators—who were both trained operational firefighters employed on Grey Book terms—were seconded to non-operational roles. She claimed that, in those roles, they were doing like work with her work. The respondent relied on section 69 of the Equality Act 2010, which provided a defence to a difference in employment terms where the difference was because of a material factor, reliance on which did not involve treating A less...
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