Oxford Brookes University v Chalmers & Anor [1998] UKEAT 434_98_0103 (1 March 1998)

Oxford Brookes University v Chalmers & Anor [1998] UKEAT 434_98_0103 (1 March 1998)

The Industrial Tribunal was entitled to refuse to hear the employer's s.1(3) defence as a preliminary issue after expert evidence had been obtained, as the discretion to do so arises only at the time specified in Rule 9(2E), and the Tribunal properly exercised its discretion based on the timing, expense incurred,...

Source-derived case information.

Citation
[1998] UKEAT 434_98_0103
Parties
Appellant: Henmans Solicitors; Respondent: UNISON
Jurisdiction
United Kingdom
Judgment Date
01 March 1998
Procedural Posture
Interlocutory Appeal / Appeal Against Industrial Tribunal Case Management Decision
Outcome
appeal dismissed
Legal Topics
Equal Pay, Sex Discrimination, Case Management, Expert Evidence
Employment Law Equality Law Equal Pay Sex Discrimination Case Management Expert Evidence

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Summary, issues, holding and outcome

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Parties

Henmans Solicitors

Appellant

UNISON

Respondent

Procedural Posture

Interlocutory Appeal / Appeal Against Industrial Tribunal Case Management Decision

Legal Issues

  1. 1 Whether the Industrial Tribunal had discretion to hear the employer's s.1(3) Equal Pay Act defence before determining the equal value issue
  2. 2 Proper timing and procedure for raising the material factor defence under Equal Pay Act s.1(3)

Ratio Decidendi

The Industrial Tribunal was entitled to refuse to hear the employer's s.1(3) defence as a preliminary issue after expert evidence had been obtained, as the discretion to do so arises only at the time specified in Rule 9(2E), and the Tribunal properly exercised its discretion based on the timing, expense incurred, and risk of confusion.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.