Birch & 99 Others v Walsall Metropolitan Borough Council & Ors [2010] UKEAT 0121_10_1009 (10 September 2010)

Birch & 99 Others v Walsall Metropolitan Borough Council & Ors [2010] UKEAT 0121_10_1009 (10 September 2010)

A grievance document that contains both SGP-compliant complaints and questions under section 7B Equal Pay Act is a dual purpose document; regulation 14 excludes only the questions from constituting the Step 1 grievance, but does not invalidate the remainder of the document if it otherwise complies with the SGP. The Employment Judge erred in barring Type A Claimants' claims based on inclusion of questions; both Type A and Type B Claimants complied with Step 1, and their claims may proceed.

Citation
[2010] UKEAT 0121_10_1009
Parties
Appellants: Type A and Type B Claimants (women employed by Walsall Council); Respondents: Walsall Metropolitan Borough Council and TUPE transferees
Jurisdiction
United Kingdom
Judgment Date
10 September 2010
Procedural Posture
Employment Appeal Tribunal (eat) Appeal and Cross Appeal / Appeal From Employment Tribunal Pre Hearing Review Decision
Outcome
Appeal allowed; cross-appeal dismissed
Legal Topics
Equal Pay, Statutory Grievance Procedure, Jurisdictional Bar, Dispute Resolution, Sex Discrimination
Employment Law Equality Law Equal Pay Statutory Grievance Procedure Jurisdictional Bar Dispute Resolution Sex Discrimination

Case Brief

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Parties

Type A and Type B Claimants (women employed by Walsall Council)

Appellants

Walsall Metropolitan Borough Council and TUPE transferees

Respondents

Procedural Posture

Employment Appeal Tribunal (eat) Appeal and Cross Appeal / Appeal From Employment Tribunal Pre Hearing Review Decision

Legal Issues

  1. 1 Whether inclusion of questions under section 7B Equal Pay Act in a grievance document invalidates compliance with Step 1 of the Statutory Grievance Procedure (SGP) under the Employment Act 2002 and associated regulations
  2. 2 Whether regulation 14 of the 2004 Regulations bars claims where grievance documents are dual purpose (grievance plus questions)
  3. 3 Whether the Employment Judge erred in distinguishing between Type A and Type B Claimants based on document headings

Ratio Decidendi

A grievance document that contains both SGP-compliant complaints and questions under section 7B Equal Pay Act is a dual purpose document; regulation 14 excludes only the questions from constituting the Step 1 grievance, but does not invalidate the remainder of the document if it otherwise complies with the SGP. The Employment Judge erred in barring Type A Claimants' claims based on inclusion of questions; both Type A and Type B Claimants complied with Step 1, and their claims may proceed.

Court Disposition

Appeal allowed; cross-appeal dismissed

Orders

  • Finding of jurisdiction to determine Type A claims substituted for the Employment Judge's decision; both Type A and Type B Claimants' claims may proceed before the Tribunal.