Rainey v Greater Glasgow Health Board [1987] IRLR 26 is a UK labour law case concerning the justifications for unequal pay.

In particular, where there is no question of intentional sex discrimination whether direct or indirect (and there is none here) a difference which is connected with economic factors affecting the efficient carrying on of the employer’s business or other activity may well be relevant…’ [Citing Bilka-Kaufhaus...] ‘If the national court finds that the measures chosen by Bilka correspond to a real need on the part of the undertaking, are appropriate with a view to achieving the objectives pursued and are necessary to that end, the fact that the measures affect a far greater number of women than men is not sufficient to show that they constitute an infringement of Article 119’.

He was paid more because of the necessity to attract him and other privately employed prosthetists into forming the nucleus of the new service.’

‘Further, there would not appear to be any material distinction in principle between the need to demonstrate objectively justified grounds of difference for purposes of section 1(3) and the need to justify a requirement or condition under section 1(1)(b)(ii) of the Sex Discrimination Act 1975.He noted the ECJ would probably not exclude administrative efficiency concerns.

He then said that the Whitley Council pay scale had been the natural thing for the NHS women to join.