Establishing particular disadvantage in equal pay claims: Armstrong should no longer be regarded as good law (EAT)

In McNeil and others v HM Revenue & Customs UKEAT/0183/17, a group of female employees, who claimed to have suffered indirect discrimination regarding their pay, appealed against a preliminary decision that a distribution analysis showing that women were clustered at the lower end of the pay scales while men were clustered at the higher end was not enough to establish that the women were at a particular disadvantage within the meaning of section 69(2) of the Equality Act 2010 when compared with their male comparators.

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