Evesham v North Hertfordshire Health Authority & Anor [1998] UKEAT 1354_97_0209 (2 September 1998)

Evesham v North Hertfordshire Health Authority & Anor [1998] UKEAT 1354_97_0209 (2 September 1998)

Mrs Evesham is entitled to have her contract modified so as to be not less favourable than her comparator; she mirrors the comparator on the incremental scale at the relevant date and enjoys the same contractual entitlement to incremental progression as the comparator.

Citation
[1998] UKEAT 1354_97_0209
Parties
Appellant: Mrs Evesham; Comparator: Dr Mollan; Respondent: The Respondents
Jurisdiction
United Kingdom
Judgment Date
02 September 1998
Procedural Posture
Employment Appeal / Appeal Against Industrial Tribunal Remedy Decision
Outcome
appeal dismissed
Legal Topics
Equal Pay, Remedy, Incremental Pay Scale, Comparators
Employment Law Equality Law Equal Pay Remedy Incremental Pay Scale Comparators

Case Brief

Summary, issues, holding and outcome

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Parties

Mrs Evesham

Appellant

Dr Mollan

Comparator

The Respondents

Respondent

Procedural Posture

Employment Appeal / Appeal Against Industrial Tribunal Remedy Decision

Legal Issues

  1. 1 Whether Mrs Evesham should enter the comparator's pay scale at the incremental level reflecting her years in post or at the comparator's current level
  2. 2 Whether arrears of pay should be calculated at the incremental level reflecting Mrs Evesham's years in post or at the comparator's level

Ratio Decidendi

Mrs Evesham is entitled to have her contract modified so as to be not less favourable than her comparator; she mirrors the comparator on the incremental scale at the relevant date and enjoys the same contractual entitlement to incremental progression as the comparator.

Court Disposition

appeal dismissed

Orders

  • Mrs Evesham's contract to be modified to mirror comparator's incremental scale at relevant date
  • Arrears of pay to be calculated at comparator's incremental level