Suffolk Mental Health Partnership NHS Trust v Hurst & Ors

Suffolk Mental Health Partnership NHS Trust v Hurst & Ors

A grievance statement in an equal pay claim under the Employment Act 2002 is valid if it indicates that an equal pay claim is being made, even without detailed particulars or identification of comparators. The Employment Tribunal has jurisdiction to hear such claims, and further detail is not required at the grievance stage.

Parties
First Appellant: Suffolk Mental Health Partnership NHS Trust; First Respondents: Hurst & Ors; Second Appellants: Sandwell Metropolitan Borough Council & Ors; Second Respondents: Arnold & Ors
Jurisdiction
England and Wales
Judgment Date
07 April 2009
Procedural Posture
Appeal From Employment Appeal Tribunal / Judgment on Appeal
Outcome
Appeals dismissed
Legal Topics
Equal Pay, Statutory Grievance Procedures, Jurisdiction of Employment Tribunal, Collective and Individual Grievances
Employment Law Labour Law Discrimination Law Equal Pay Statutory Grievance Procedures Jurisdiction of Employment Tribunal Collective and Individual Grievances

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Parties

Suffolk Mental Health Partnership NHS Trust

First Appellant

Hurst & Ors

First Respondents

Sandwell Metropolitan Borough Council & Ors

Second Appellants

Arnold & Ors

Second Respondents

Procedural Posture

Appeal From Employment Appeal Tribunal / Judgment on Appeal

Legal Issues

  1. 1 Whether the claimants complied with the statutory grievance procedures under the Employment Act 2002 for equal pay claims
  2. 2 Whether the Employment Tribunal had jurisdiction to hear the claims in the absence of detailed particulars in the grievance statement
  3. 3 Whether a grievance statement must specify comparators or provide detailed particulars

Ratio Decidendi

A grievance statement in an equal pay claim under the Employment Act 2002 is valid if it indicates that an equal pay claim is being made, even without detailed particulars or identification of comparators. The Employment Tribunal has jurisdiction to hear such claims, and further detail is not required at the grievance stage.

Court Disposition

Appeals dismissed

Orders

  • The appeals are dismissed.