18The HSE appealed to the Employment Appeal Tribunal against that decision. That tribunal held, first, that in the light of the judgment in Case 109/88 Danfoss [1989] ECR 3199, paragraph 25, where unequal pay arose because of the use of length of service as a criterion, no special justification was required. It held, second, that even if such justification were required, the Employment Tribunal had erred in law when considering justification.
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