Glasgow City Council v Stefan Cross Claimants and Others: EAT 17 Jun 2009

EAT EQUAL PAY ACT: Case Management
JURISDICTIONAL POINTS: 2002 Act and pre-action requirements
Equal pay claims. Statutory grievance procedures. Claimants conceding that respondents did not require to raise the issue of their compliance with section 32(2) to (4) of the Employment Act 2002 in their form ET3 at the stage of entering appearance but contending that they did require leave to amend their forms EAT to raise the issue thereafter. Employment Tribunal agreed with claimants and held that the respondents, not having raised the issue in their forms ET3 at the stage of entering appearance, would require leave to amend their ET3’s to do so. On appeal, determination of the Tribunal reversed. On a proper interpretation of s.32(6), whilst indicating in the ET3 that they were raising the issue was one method whereby a respondent could do so, it was not the only method.

Judges:

Smith L

Citations:

[2009] UKEAT 0007 – 09 – 1706

Links:

Bailii

Employment, Discrimination

Updated: 30 July 2022; Ref: scu.372603