EAT Equal Pay Act – Out of time
Equal pay claims and statutory grievance procedures. Whether claimants prevented by section 32(2) of the Employment Act 2002 from presenting complaints specifying different comparators from those (if any) specified in grievances. EAT held that Tribunals required to carry out a qualitative assessment to see if comparators in ETI were materially different from comparators in grievances.
Lady Smith referred to the statutory grievance procedures: ‘for the time being they remain in place as a matter of law, with equal pay claims having been brought expressly within their ambit, and they have to be observed.’
Judges:
Lady Smith
Citations:
[2008[ IRLR 272, [2007] UKEAT 0020 – 07 – 1812
Links:
Statutes:
Citing:
Cited – Shergold v Fieldway Medical Centre EAT 5-Dec-2005
The claimant had submitted a grievance complaining in general terms of the way in which she had been treated by a manager. She did not, however, refer to a particular incident relied on in her pleading as one of the two ‘last straw’ incidents that . .
Cited by:
See Also – The Highland Council v TGWU and Unison EAT 3-Jun-2008
EAT EQUAL PAY ACT: Equal value
Equal Pay claims. Whether letters sent to local authority employers by unions prior to coming into force of the statutory grievance procedures met the requirements of regulation . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 13 July 2022; Ref: scu.263991