Defences narrowed

In Enderby v Frenchay Health Authority and Secretary of State for Health (27 October 1993) EOR52A, the European Court of Justice rules that it is not sufficient for an employer to show that significant pay differences between female-dominated jobs and male-dominated jobs arose for non-discriminatory reasons. The employer must also show that such pay differences were based on objectively justified factors. In such a case, the fact that a difference in pay between jobs of equal value arose through non-discriminatory collective bargaining is not sufficient objective justification.