Suffolk Mental Health Partnership NHS Trust v Hurst & Ors [2009] EWCA Civ 309 (07 April 2009)

Suffolk Mental Health Partnership NHS Trust v Hurst & Ors [2009] EWCA Civ 309 (07 April 2009)

In equal pay claims, a grievance statement complies with the statutory requirements if it states that the claim is brought under the Equal Pay Act 1970; it need not specify comparators or provide detailed particulars. The Employment Tribunal therefore had jurisdiction to hear the claims.

Citation
[2009] EWCA Civ 309
Parties
First Appellant: Suffolk Mental Health Partnership NHS Trust; Second Appellant: Sandwell Metropolitan Borough Council & Ors; First Respondent: Hurst & Ors; Second Respondent: Arnold & Ors
Jurisdiction
England and Wales
Judgment Date
07 April 2009
Procedural Posture
Appeal From Employment Appeal Tribunal / Court of Appeal Judgment
Outcome
Appeals dismissed
Legal Topics
Statutory Grievance Procedures, Equal Pay Claims, Jurisdiction of Employment Tribunal, Requirements for Valid Grievance, Collective and Individual Grievances
Employment Law Equality Law Statutory Grievance Procedures Equal Pay Claims Jurisdiction of Employment Tribunal Requirements for Valid Grievance Collective and Individual Grievances

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Parties

Suffolk Mental Health Partnership NHS Trust

First Appellant

Sandwell Metropolitan Borough Council & Ors

Second Appellant

Hurst & Ors

First Respondent

Arnold & Ors

Second Respondent

Procedural Posture

Appeal From Employment Appeal Tribunal / Court of Appeal Judgment

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 a grievance statement must specify comparators or provide detailed particulars to be valid under section 32 of the 2002 Act
  3. 3 Whether the Employment Tribunal had jurisdiction to hear the equal pay claims

Ratio Decidendi

In equal pay claims, a grievance statement complies with the statutory requirements if it states that the claim is brought under the Equal Pay Act 1970; it need not specify comparators or provide detailed particulars. The Employment Tribunal therefore had jurisdiction to hear the claims.

Court Disposition

Appeals dismissed

Orders

  • Employment Tribunal has jurisdiction to hear the equal pay claims
  • No requirement for detailed particulars or identification of comparators in the grievance statement for equal pay claims