Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Economics, government & businessEquality, diversity and inclusionSex discriminationEqual payPay settlements

Case round-up: Suffolk Mental Health Partnership NHS Trust v Hurst and Others; Mid Staffordshire NHS Foundation Trust v Kaur & Others and Arnold & Others v Sandwell Metropolitan Borough Council

by Personnel Today 1 Mar 2009
by Personnel Today 1 Mar 2009

Equal pay claims have been brought against Suffolk Mental Health Partnership NHS Trust (Suffolk), Mid-Staffordshire NHS Foundation Trust (Mid-Staffordshire) and Sandwell Metropolitan Borough (Sandwell). In all of them, the question was whether a valid grievance had been raised for the purpose of the statutory dispute resolution procedures.

In the Suffolk and Mid-Staffordshire cases, the claimants’ grievances made it clear that their complaints related to equal pay but did not identify specific comparators. The only reference to comparators was that they worked in predominantly male groups whose work was rated as equivalent under the Agenda for Change job evaluation. The tribunal rejected an argument that the grievances did not comply with the statutory requirements and considered that it was only required to satisfy itself that each complaint was essentially the same as that contained in the claimant’s grievance.

Appeals

The position in Sandwell differed in that the grievance was drafted in very general terms and referred to unidentified male comparators. However the ET1 form in the subsequent claim identified comparators by reference to named posts and salary bands. This claim was struck out by the tribunal for failing to meet the minimum statutory requirements. Suffolk and Mid-Staffordshire and the claimants in Sandwell appealed to the EAT.

The EAT dismissed the appeals by Suffolk and Mid-Staffordshire and found in favour of the claimant in Sandwell. The EAT reasoned that it was enough for a claimant to indicate that they are pursuing an equal pay claim and it was not necessary to go on to identify specific comparators. It was inherent, in the EAT’s view, that if equal pay was claimed that it was also claimed that there was a man doing equal work receiving more pay than the complaining employee. That was enough. The EAT went on to reason that if details of comparators were not forthcoming from the claimant, any compensation awarded may be reduced by up to 50%.

Key points

  • Although this case indicates that grievances involving equal pay need not specifically identify comparators, an earlier EAT decision said claimants must at least refer to comparators by job or job type. Therefore, the position in terms of what is the minimum requirement is unclear. What is beyond doubt is that if an employee identifies certain comparators in their grievance and then goes on to identify additional or entirely different comparators in their claim to the tribunal, they may not be able to rely on any comparators not identified in the grievance.
  • The threat of reduced compensation for failing to produce details of comparators is unlikely to deter employees who are determined to conduct an equal pay fishing trip.

What you should do

  • Keep an eye on the law for an appeal.
  • In the meantime, try to draw out from the complainant some named comparators at the grievance stage (through correspondence and/or at a grievance meeting) to maximise the chance of resolving the dispute, preparing for any tribunal claim hearing, limiting any claim to the original comparators and claiming costs (if different comparators are subsequently identified).

Avatar
Personnel Today

previous post
Friday Podcast: JobCentre ads for skilled vacancies, CEO potential should do an HR stint, and air traffic ageism
next post
Ockey elf: All’s well that ends well for OH

You may also like

Women in FTSE 350 leadership: ‘A lot of...

20 May 2022

City firms pledge to improve social mobility in...

20 May 2022

How to respond to an HMRC furlough enquiry

18 May 2022

Ethnic diversity: report highlights disparities in school leadership

18 May 2022

Bald move: Tribunal was right in sex-related harassment...

17 May 2022

Wages fall 1.2% behind inflation as cost of...

17 May 2022

Police Scotland pays out £948,000 to female officer...

16 May 2022

Gender equality facing growing backlash from male managers

16 May 2022

Lack of flexibility pushes half of women to...

16 May 2022

Ethnicity pay gaps: Not making reporting mandatory is...

16 May 2022
  • The Search for Talent: Six Major Employer Pitfalls PROMOTED | The Great Resignation continues unabated...Read more
  • Navigating the widening “Skills Confidence Gap” in 2022, and beyond PROMOTED | Cornerstone OnDemand conducted a global study...Read more
  • Apprenticeships are the solution to your recruitment problems PROMOTED | Apprenticeships have the pulling power...Read more
  • What it really means to be mentally fit PROMOTED | What is mental fitness...Read more
  • How music can help to ease anxiety at work PROMOTED | A lot has happened since March 2020, hasn’t it?...Read more
  • Why now is the time to plug the unhealthy gap PROMOTED | We’ve all heard the term ‘health is wealth’...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2022

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2022 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+