Barnard v Hampshire and Isle of Wight Fire and Rescue Authority (2024)

EAT upheld ET's decision to reject equal pay claim. The claimant, not a trained firefighter (working on Green Book terms), sought equal pay with trained operational firefighters (working on Grey Book terms) seconded to non-operational roles. Whilst the tribunal found the claimant performed like work during the secondment, it held that the differential terms were related to a material factor (i.e. the need to maintain the operational competence of seconded trained firefighters) not entailing direct sex discrimination, but which was indirectly discriminatory. However, the tribunal found the material factor in question was "a proportionate means of achieving legitimate aims." Hence, the ET rejected the claimant's claims for equal pay and constructive dismissal, a decision which the EAT has upheld.