Ms Fearnon and two colleagues brought equal pay claims, comparing their work with a manager.   At a pre-hearing review, the women accepted that there had been good reasons for the arrangement when it had been introduced in 1994 but that there was no justification for continuing it.   The Court of Appeal agreed with the women.   It made clear that the onus was always on the employer to establish a genuine material factor.   The Court critized the tribunal's approach, pointing out that it had not asked the company to produce evidence to justify continuing the lack of equal pay.   It had not considered whether the practice was in accordance with "current notions of good industrial practice".   Nor had it asked the company whether it could have phased out the difference in pay levels or made adjustments in earnings to the women.