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 the factual content of job descriptions for each Lead Claimant and Comparator, resolving disputed issues to enable the independent expert to assess whether the claimants' work was of equal value to that of the comparators under the Equality Act 2010. The court adopted a pragmatic approach to include tasks performed during the relevant period, even if not performed at the Material Date, where appropriate, and excluded proposed expansions of job descriptions not raised pre-trial.

Citation
[2019] EWHC 1415 (QB)
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 Claim Under Equality Act 2010 / Stage 2 Hearing (factual Determination for Expert Report)
Outcome
Factual issues relevant to equal value determined; job descriptions settled for expert report; no final determination on equal value or liability at this stage.
Legal Topics
Equal Pay, Equal Value Claims, Sex Discrimination, Employment Contracts, Job Evaluation, Transfer of Undertakings (protection of Employment) Regulations
Employment Law Equality Law Equal Pay Equal Value Claims Sex Discrimination Employment Contracts Job Evaluation Transfer of Undertakings (protection of Employment) Regulations

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 Claim Under Equality Act 2010 / Stage 2 Hearing (factual Determination for Expert Report)

Legal Issues

  1. 1 What are the facts relevant to whether each Lead Claimant’s work is of equal value to that of the Comparators?
  2. 2 How should changes in work during the relevant period be addressed for equal value assessment?
  3. 3 What constitutes 'work' for the purposes of the Equality Act 2010 in this context?

Ratio Decidendi

The court determined the factual content of job descriptions for each Lead Claimant and Comparator, resolving disputed issues to enable the independent expert to assess whether the claimants' work was of equal value to that of the comparators under the Equality Act 2010. The court adopted a pragmatic approach to include tasks performed during the relevant period, even if not performed at the Material Date, where appropriate, and excluded proposed expansions of job descriptions not raised pre-trial.

Court Disposition

Factual issues relevant to equal value determined; job descriptions settled for expert report; no final determination on equal value or liability at this stage.

Orders

  • Job descriptions for Lead Claimants and Comparators to be amended as determined in judgment.
  • Independent expert to prepare report on equal value based on agreed and determined facts.