abendshineEAT32012
EAT EQUAL PAY ACTS
PRACTICE AND PROCEDURE – STRIKING OUT/DISMISSAL
Insofar as claims made by employees relied on comparators who were other than those whom the employees had identified when setting out their grievances under the standard grievance procedure provided for by the Employment Act 2002, an ET struck them out. It considered (correctly, at the time of decision) that it was bound by the decision of the EAT in Dundee City Council v McDermott and Others to do so. Since then another constitution of the EAT to which McDermott was not cited had taken an opposite view, following observations made in an earlier EAT case to the same effect. After argument, this appeal panel would in any event have allowed the appeal, but the matter was put beyond doubt by a subsequent (majority) decision of the Inner House of the Court of Session which allowed an appeal against the decision in McDermott.
Langstaff P J
[2012] UKEAT 0414 – 11 – 2902
Bailii
England and Wales
Employment, Discrimination
Updated: 10 November 2021; Ref: scu.451778