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Equality Act 2010

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Equality Act 2010, Section 69 is up to date with all changes known to be in force on or before 20 August 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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69Defence of material factorE+W+S
This section has no associated Explanatory Notes

(1)The sex equality clause in A's terms has no effect in relation to a difference between A's terms and B's terms if the responsible person shows that the difference is because of a material factor reliance on which—

(a)does not involve treating A less favourably because of A's sex than the responsible person treats B, and

(b)if the factor is within subsection (2), is a proportionate means of achieving a legitimate aim.

(2)A factor is within this subsection if A shows that, as a result of the factor, A and persons of the same sex doing work equal to A's are put at a particular disadvantage when compared with persons of the opposite sex doing work equal to A's.

(3)For the purposes of subsection (1), the long-term objective of reducing inequality between men's and women's terms of work is always to be regarded as a legitimate aim.

(4)A sex equality rule has no effect in relation to a difference between A and B in the effect of a relevant matter if the trustees or managers of the scheme in question show that the difference is because of a material factor which is not the difference of sex.

(5)Relevant matter” has the meaning given in section 67.

(6)For the purposes of this section, a factor is not material unless it is a material difference between A's case and B's.

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