Graysons Restaurants Ltd v Jones & Ors

Graysons Restaurants Ltd v Jones & Ors

Claims for equal pay, even if not determined at the time of employer insolvency, constitute 'arrears of pay' within section 184(1)(a) of the Employment Rights Act 1996 and are debts payable by the Secretary of State, subject to statutory limits.

Parties
Original Appellant: Graysons Restaurants Ltd; Claimants: Miss C Jones and Others; Interested Party/appellant: Secretary of State for Business, Energy and Industrial Strategy; Advocate to the Court: Attorney General's Office
Jurisdiction
England and Wales
Judgment Date
17 April 2019
Procedural Posture
Appeal / Judgment on Appeal From Employment Appeal Tribunal
Outcome
appeal dismissed
Legal Topics
Equal Pay, Arrears of Pay, Employee Rights on Insolvency, Statutory Interpretation, Transfer of Undertakings (protection of Employment) Regulations (tupe)
Employment Law Insolvency Law Equality Law Equal Pay Arrears of Pay Employee Rights on Insolvency Statutory Interpretation Transfer of Undertakings (protection of Employment) Regulations (tupe)

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Graysons Restaurants Ltd

Original Appellant

Miss C Jones and Others

Claimants

Secretary of State for Business, Energy and Industrial Strategy

Interested Party/appellant

Attorney General's Office

Advocate to the Court

Procedural Posture

Appeal / Judgment on Appeal From Employment Appeal Tribunal

Legal Issues

  1. 1 Whether a claim for equal pay not determined at the time of employer insolvency constitutes 'arrears of pay' payable by the Secretary of State under Part XII of the Employment Rights Act 1996
  2. 2 Whether equal pay claims are debts within the meaning of section 182 of the Employment Rights Act 1996

Ratio Decidendi

Claims for equal pay, even if not determined at the time of employer insolvency, constitute 'arrears of pay' within section 184(1)(a) of the Employment Rights Act 1996 and are debts payable by the Secretary of State, subject to statutory limits.

Court Disposition

appeal dismissed

Orders

  • Secretary of State required to pay each claimant the amount entitled in respect of arrears of pay, subject to statutory limits
  • No order as to costs between the parties