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Sex discrimination in employment — equal pay for like work — defence that variation genuinely due to material difference — whether the test is one of objective necessity — whether administrative efficiency is a sufficient basis for the defence. HEADNOTES Facts The facts were stated in the judgment of Lord Keith of Kinkel as follows: The appellant, a woman, has since 1 October 1980 been employed by the respondent board at the Belvidere Hospital, Glasgow, as a prosthetist. A prosthetist is one who is concerned with the fitting of artificial limbs. Before 1980 no prosthetist was directly employed by any health authority in Scotland. The requisite services were provided by private contractors themselves employing qualified prosthetists who worked in a number of hospitals, including Belvidere Hospital. One of these was a Mr. Alan Crumlin. In 1979 the Secretary of State for Scotland decided to establish a prosthetic fitting service within the National Health Service in Scotland, and to discontinue the arrangement under which the service was provided by private contractors. To achieve this object it was necessary that a sufficient number of qualified prosthetists should be recruited to the National Health Service en bloc. The only prosthetists then
International Labour Law Reports Online – Brill
Published: Jan 1, 1986
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