W Hesketh v Glasgow Caledonian University

W Hesketh v Glasgow Caledonian University

The ET1 as amended did not contain an equal pay claim, and the Employment Judge was correct in that conclusion. However, the refusal to allow amendment to introduce the equal pay claim involving Dr Buckle as comparator was set aside because the Employment Judge did not adequately consider the possible application of...

Source-derived case information.

Parties
Appellant: Ms W Hesketh; Respondent: Glasgow Caledonian University
Jurisdiction
England and Wales
Judgment Date
30 November 2021
Procedural Posture
Employment Appeal / Appeal Judgment After Preliminary Hearing
Outcome
Appeal allowed in part; refusal to permit amendment set aside and remitted for reconsideration.
Legal Topics
Equal Pay, Sex Discrimination, Amendment of Claims, Time Bar, Comparators, Reasonable Adjustments, Indirect Discrimination, Victimisation
Employment Law Equality Law Equal Pay Sex Discrimination Amendment of Claims Time Bar Comparators Reasonable Adjustments +2 more

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Summary, issues, holding and outcome

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Parties

Ms W Hesketh

Appellant

Glasgow Caledonian University

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment After Preliminary Hearing

Legal Issues

  1. 1 Whether the ET1 as amended included an equal pay claim under the Equality Act 2010
  2. 2 Whether the Employment Judge erred in applying the Selkent principles regarding time bar for amendment to introduce an equal pay claim

Ratio Decidendi

The ET1 as amended did not contain an equal pay claim, and the Employment Judge was correct in that conclusion. However, the refusal to allow amendment to introduce the equal pay claim involving Dr Buckle as comparator was set aside because the Employment Judge did not adequately consider the possible application of the 'stable work case' time bar under section 129 of the Equality Act 2010.

Court Disposition

Appeal allowed in part; refusal to permit amendment set aside and remitted for reconsideration.

Orders

  • Refusal to permit amendment to introduce the equal pay claim involving Dr Buckle as comparator is set aside.
  • Matter remitted to the same Employment Judge for reconsideration, including consideration of the section 129 Equality Act 'stable work case' time bar.