Source: All England Reporter
Publisher Citation: [2008] All ER (D) 113 (Aug)
Court: Employment Appeal Tribunal
Judge:

Judge Peter Clark
Representation Anthony White QC (instructed by Thompsons Solicitors) for the employee.
  John Bowers QC and Kirti Jeram (instructed by Beachcroft LLP) for the employer.
Judgment Dates: 13 August 2008

Catchwords

Employment - Equality of treatment of men and women - Equal pay for equal work - Jobs of employee and male comparators rated as equivalent - Employee commencing proceedings for equal pay alleging that jobs of equal value - At pre-hearing review judge refusing to withdraw requirement for independent expert - Whether judge erring - ss 1(2)(b) and (c).

The Case

Employment Equality of treatment of men and women. In equal pay proceedings commenced by the employee, the judge at the pre-hearing review had been correct in finding that it was not appropriate to withdraw the requirement for an independent expert. The onus of proving equal value rested on the employee; same banding did not raise a presumption that the jobs were of equal value.

Practice Areas

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