The claimant was employed as a chef by the respondent over a period of 15 years. Over that time, she had received increases in her wages. She claimed that she had been discriminated against on grounds of her gender in that she had received less favourable treatment from the employer (i.e. a unilateral reduction in wages) because she had been off on maternity leave, and only a woman can be off on maternity leave.

It was found by the tribunal that the reason the claimant was treated in the way that she was because she was already being paid considerably more than her male colleagues, and the respondent was seeking to reduce her pay in line with theirs to