In Chief Constable of West Midlands Police v Blackburn and Manley UKEAT/0007/07 the EAT held that inclusion of a requirement to undertake night work in eligibility criteria for special priority payments (a "relatively modest" bonus) did not indirectly discriminate against female officers whose childcare responsibilities meant they did not undertake night shifts. The special priority payments scheme had the legitimate aim of specifically rewarding those officers who worked nights. That aim could not be achieved if those who did not work nights were paid the same amount.

While it was desirable for employers to adopt childcare-compatible hours, it did not follow that they should then pay women who work those hours on the basis of the work they would have done had they not had the childcare responsibilities. The Equal Pay Act 1970 does not require the payment of money to compensate for the economic disadvantages suffered by those who have childcare responsibilities.