Highland Council v TGWU Unison First & Ors [2007] UKEAT 0020_07_1812 (18 December 2007)

Highland Council v TGWU Unison First & Ors [2007] UKEAT 0020_07_1812 (18 December 2007)

Specification of comparators, at least by reference to job or job type, is required in the grievance document for an equal pay claim to comply with the statutory grievance procedure. If materially different comparators are specified in the ET1 than in the grievance, section 32(2) of the Employment Act 2002 operates...

Source-derived case information.

Citation
[2007] UKEAT 0020_07_1812
Parties
Appellant: Highland Council; First Respondents: TGWU/Unison claimants; Second Respondents: GMB claimants; Third Respondents: Stefan Cross claimants
Jurisdiction
United Kingdom
Judgment Date
18 December 2007
Procedural Posture
Employment Appeal Tribunal / Appeal From Employment Tribunal Pre Hearing Review
Outcome
Appeal allowed
Legal Topics
Equal Pay, Statutory Grievance Procedures, Specification of Comparators, Employment Act 2002, Equal Pay Act 1970
Employment Law Equal Pay Statutory Grievance Procedures Specification of Comparators Employment Act 2002 Equal Pay Act 1970

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Parties

Highland Council

Appellant

TGWU/Unison claimants

First Respondents

GMB claimants

Second Respondents

Stefan Cross claimants

Third Respondents

Procedural Posture

Employment Appeal Tribunal / Appeal From Employment Tribunal Pre Hearing Review

Legal Issues

  1. 1 Whether claimants are prevented by section 32(2) of the Employment Act 2002 from presenting complaints specifying different comparators from those specified in grievances
  2. 2 Whether the Tribunal must carry out a qualitative assessment to determine if comparators in ET1 are materially different from those in grievances

Ratio Decidendi

Specification of comparators, at least by reference to job or job type, is required in the grievance document for an equal pay claim to comply with the statutory grievance procedure. If materially different comparators are specified in the ET1 than in the grievance, section 32(2) of the Employment Act 2002 operates to bar the complaint. The Tribunal must carry out a qualitative assessment to determine if the comparators are materially different.

Court Disposition

Appeal allowed

Orders

  • Appeal upheld
  • Case remitted to the same Employment Tribunal to determine whether section 32(2) of the Employment Act 2002 applies, requiring assessment of whether each claimant's grievance specified comparators not materially different from those in the ET1