The Equality Officer accepted that the complainant was engaged in ‘like work’ in respect of the male comparator and that the complainant had established a prima facie case of discriminatory treatment on the gender ground. In such situations it is for the respondent to demonstrate if grounds, other than the discriminatory grounds – in this case gender, exist for the difference in pay and render the rates of pay lawful. As the respondent did not respond to the complaint no such ground was considered and the Equality Officer found there were no grounds other than gender for the pay disparity.