EAT EQUAL PAY ACT – Case management
PRACTICE AND PROCEDURE – Disclosure
Equal pay claims. Pre hearing review with Employment Judge and lay members, to consider validity of Job Evaluation Scheme and whether there were reasonable grounds for suspecting that evaluations in terms of that scheme contravened section 2A(2A) (a) or (b) of the Equal Pay Act 1970. Employers ordered to provide additional information in terms of an order bearing to be in exercise of the powers conferred by rule 10 of the Employment Tribunal Rules and bearing to be issued by Employment Judge alone. On appeal, order held to be incompetent; since the Employment Tribunal was constituted as a tribunal of three, whilst rule 18(2) conferred power to ‘issue any order in accordance with rule 10’ that power required to be exercised by the whole Tribunal and could not be exercised by the Employment Judge alone. If, alternatively, the Employment Judge’s intention was to issue a standalone case management order under rule 10, she should not have sat with members to hear argument. Either way, the order was not competently made.
Judges:
Smith J
Citations:
[2010] UKEAT 0067 – 09 – 3007
Links:
Statutes:
Jurisdiction:
England and Wales
Employment
Updated: 22 August 2022; Ref: scu.421529
