EAT JURISDICTIONAL POINTS – 2002 Act and pre-action requirements
EQUAL PAY ACT
Equal Pay. Statutory grievance procedure (standard procedure). Where comparators in ET1 different from comparators specified in earlier grievances and some forms ET1 contained some ‘equal value’ claims by reference to comparators who were not said to do work of equal value in grievances but were said to do ‘work rated as equivalent’. Employment Tribunal had not carried out a qualitative exercise to assess correlation of complaints; it had erred in law in approaching matters on the basis that the decision in Suffolk Mental Health Partnership NHS Trust v Hurst and others, Mid Staffordshire NHS Foundation Trust v Kaur and others and Arnold v Sandwell Metropolitan Borough Council [2009] IRLR 12, required her to hold that the requirements of section 32 of the Employment Act 2002 had been satisfied. On appeal, claims remitted to Employment Tribunal to carry out the comparative exercise of assessing whether or not the grievances and forms ET1 were essentially the same complaints.
Judges:
Smith J
Citations:
[2011] UKEAT 0029 – 10 – 1301
Links:
Employment
Updated: 03 September 2022; Ref: scu.430552