Court of Appeal - General Update

The Court of Appeal has now resolved the dispute over comparators that had prevented real progress with many of the Scottish claims - see post dated 7 April 2009.

In light of the Court of Appeal's judgment, Stefan Cross Solicitors will be writing written to the tribunals making application to dismiss these arguments where they have been relied upon by individual Scottish councils.

The Court of Appeal makes it overwhelmingly clear that frustrating progress in these claims is no longer to be tolerated.

So, Stefan Cross Solicitors is now requesting that all claims affected by these comparator points - should now be allowed to proceed and determine the substantive issues.


Specifically, the aim is to arrange a Case Management Discussion at the earliest opportunity to discuss the listing of these claims for a Pre-Hearing Review - to consider the Respondent’s Genuine Material Factor (GMF) defences.

A GMF hearing is where the employers' have to explain and justify the big differences in pay between traditional male and female jobs.


GMF hearings are already underway with Glasgow City Council and Fife Council - and a GMF hearing involving North Ayrshire Council is due to begin on 27 April 2009.

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