Beal & Ors v Avery Homes (Nelson) Ltd & Ors [2019] EWHC 1415 (QB) (06 June 2019)

Beal & Ors v Avery Homes (Nelson) Ltd & Ors [2019] EWHC 1415 (QB) (06 June 2019)

The Court determined factual job descriptions for Lead Claimants and Comparators, resolving disputed issues about tasks, risks, discretion, and exposure, to enable the independent expert to assess equal value under the Equality Act 2010. The Court rejected inclusion of regulatory lists and post-trial expansions to job descriptions, and adopted a balanced approach to changes in work during the relevant period.

Citation
[2019] EWHC 1415
Parties
Lead Claimant: Debra Turner; Lead Claimant: Linda Shore; Lead Claimant: Ann Hughes; Lead Claimant: Clara Hemmings; Lead Claimant: Stephanie Garwood; Comparator: Tomy Thomas; Comparator: Anil Chakkummoottil; Comparator: Christopher Martin; Comparator: Robert Brooks; First Defendant: Avery Homes (Nelson) Limited; Third Defendant: Rotherwood Healthcare (St Georges Park) Limited; Fourth Defendant: Bowood Care Homes Limited
Jurisdiction
England and Wales
Judgment Date
06 June 2019
Procedural Posture
Equal Value/equal Pay Claim / Stage 2 Hearing (factual Determination for Expert Report)
Outcome
Factual job descriptions determined for Lead Claimants and Comparators; disputed issues resolved for expert report preparation.
Legal Topics
Equal Pay, Sex Discrimination, Job Evaluation, Employment Tribunal Procedure
Employment Law Equality Law Equal Pay Sex Discrimination Job Evaluation Employment Tribunal Procedure

Case Brief

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Parties

Debra Turner

Lead Claimant

Linda Shore

Lead Claimant

Ann Hughes

Lead Claimant

Clara Hemmings

Lead Claimant

Stephanie Garwood

Lead Claimant

Tomy Thomas

Comparator

Anil Chakkummoottil

Comparator

Christopher Martin

Comparator

Robert Brooks

Comparator

Avery Homes (Nelson) Limited

First Defendant

Rotherwood Healthcare (St Georges Park) Limited

Third Defendant

Bowood Care Homes Limited

Fourth Defendant

Procedural Posture

Equal Value/equal Pay Claim / Stage 2 Hearing (factual Determination for Expert Report)

Legal Issues

  1. 1 Whether the Lead Claimants' work is of equal value to that of the Comparators under Equality Act 2010 s.65(1)(c) and (6)(b)
  2. 2 What factual job descriptions should be adopted for expert evaluation
  3. 3 How to address changes in work during the relevant period

Ratio Decidendi

The Court determined factual job descriptions for Lead Claimants and Comparators, resolving disputed issues about tasks, risks, discretion, and exposure, to enable the independent expert to assess equal value under the Equality Act 2010. The Court rejected inclusion of regulatory lists and post-trial expansions to job descriptions, and adopted a balanced approach to changes in work during the relevant period.

Court Disposition

Factual job descriptions determined for Lead Claimants and Comparators; disputed issues resolved for expert report preparation.

Orders

  • Independent expert to prepare report on equal value based on agreed and determined facts.
  • Job descriptions to reflect Court's determinations on disputed issues.