Section 69 — Equality Act 2010: Defence of material factor

Defence of material factor 69 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.