Middlesbrough Borough Council v. Surtees & Ors [2007] UKEAT 0417_07_2408 (24 August 2007)

Middlesbrough Borough Council v. Surtees & Ors [2007] UKEAT 0417_07_2408 (24 August 2007)

Rule 11(4) does not preclude the tribunal from admitting party expert evidence challenging methodology, provided it does not challenge established facts; the Chairman's refusal was based on a misconstruction of the rule and improper exercise of discretion.

Citation
[2007] UKEAT 0417_07_2408
Parties
Respondent: Middlesbrough Council; Claimant: Twelve female claimants
Jurisdiction
United Kingdom
Judgment Date
24 August 2007
Procedural Posture
Employment Appeal / Appeal Against Employment Tribunal Chairman's Order
Outcome
appeal allowed
Legal Topics
Equal Pay, Expert Evidence, Job Evaluation, Procedural Rules
Employment Law Equality Law Equal Pay Expert Evidence Job Evaluation Procedural Rules

Case Brief

Summary, issues, holding and outcome

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Parties

Middlesbrough Council

Respondent

Twelve female claimants

Claimant

Procedural Posture

Employment Appeal / Appeal Against Employment Tribunal Chairman's Order

Legal Issues

  1. 1 Whether Employment Tribunal has power to admit party expert evidence under Rule 11(4) of Schedule 6 to Employment Tribunal Regulations 2004
  2. 2 Whether the Chairman's refusal to admit Mr Penn's expert report was correct

Ratio Decidendi

Rule 11(4) does not preclude the tribunal from admitting party expert evidence challenging methodology, provided it does not challenge established facts; the Chairman's refusal was based on a misconstruction of the rule and improper exercise of discretion.

Court Disposition

appeal allowed

Orders

  • Chairman's order refusing admission of Mr Penn's report set aside
  • Penn report admitted as evidence