Morgan v Middlesbrough Borough Council

Morgan v Middlesbrough Borough Council

The Employment Tribunal was entitled to find, based on the evidence and its assessment of the nature and extent of the differences between Mrs Morgan's and Mr Mell's work, that the work was not like-work within the meaning of section 1(4) of the Equal Pay Act 1970. The Tribunal's findings and reasons were sufficient, and any reference to hours or previous experience did not undermine the substantive conclusion.

Parties
Appellant/respondent: Angela Morgan; Respondent/appellant: Middlesbrough Borough Council
Jurisdiction
England and Wales
Judgment Date
19 July 2005
Procedural Posture
Civil Appeal (employment) / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Equal Pay, Like Work Comparison, Employment Tribunal Procedure
Employment Law Equality Law Equal Pay Like Work Comparison Employment Tribunal Procedure

Case Brief

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Parties

Angela Morgan

Appellant/respondent

Middlesbrough Borough Council

Respondent/appellant

Procedural Posture

Civil Appeal (employment) / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law in finding that Mrs Morgan was not employed on like-work with Mr Mell under section 1 of the Equal Pay Act 1970
  2. 2 Whether the Employment Appeal Tribunal was correct to set aside the Employment Tribunal's decision for insufficient findings and reasons

Ratio Decidendi

The Employment Tribunal was entitled to find, based on the evidence and its assessment of the nature and extent of the differences between Mrs Morgan's and Mr Mell's work, that the work was not like-work within the meaning of section 1(4) of the Equal Pay Act 1970. The Tribunal's findings and reasons were sufficient, and any reference to hours or previous experience did not undermine the substantive conclusion.

Court Disposition

Appeal allowed

Orders

  • Order of the Employment Appeal Tribunal set aside
  • Respondent to pay appellant's costs, to be assessed if not agreed