CSC Computer Science Limited v CL Hampson

CSC Computer Science Limited v CL Hampson

The employment tribunal failed to make the necessary findings of fact to determine whether the claimant and her comparators were engaged in like work as required by section 65 Equality Act 2010. This fundamental failure invalidated the judgment and required remission for rehearing.

Parties
Appellant: CSC Computer Science Limited; Respondent: Miss C L Hampson
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
appeal allowed
Legal Topics
Equal Pay, Like Work, Material Factor Defence, Burden of Proof, Employment Tribunal Procedure
Employment Law Equality Law Equal Pay Like Work Material Factor Defence Burden of Proof Employment Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

CSC Computer Science Limited

Appellant

Miss C L Hampson

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Did the employment tribunal make the necessary findings of fact to determine whether the claimant and her comparators were engaged in like work under section 65 Equality Act 2010?
  2. 2 Did the tribunal err in its approach to differences in seniority and responsibility, reliance on performance, job descriptions, and the material factor defence?

Ratio Decidendi

The employment tribunal failed to make the necessary findings of fact to determine whether the claimant and her comparators were engaged in like work as required by section 65 Equality Act 2010. This fundamental failure invalidated the judgment and required remission for rehearing.

Court Disposition

appeal allowed

Orders

  • Matter remitted to a differently constituted employment tribunal for rehearing.