General Update
Some of the equal pay claims currently working their way through the Employment Tribunal process have stalled recently - because of a dispute over comparators.
Female claimants compare their earnings against the higher (bonus-related) earnings of male employees in predominantly-male comparator posts.
Unfortunately some employers have tried to delay the tribunal process by arguing that people should not be able to rely on comparators in their claims which are not mentioned in their original grievances.
In our view - a view that's shared by the trade unions - this is a trivial point which does not detract in any way from the strength of people's claims.
The Employment Appeal Tribunal has already ruled on this point – by firmly rejecting the employers' arguments.
See the following quote the Honourable Mr Justice Elias, President of the EAT:
"The EAT has been inundated with appeals relating to the operation of the statutory grievance procedures. Rarely can legislation have been so counter-productive. Provisions designed to reduce tribunal disputes have spawned satellite litigation in which arcane and complex points of law have been argued, frequently so remote from reality that they would surprise even the most desiccated Chancery lawyer conjured up by the imagination of a Charles Dickens."
Sadly - and in a further waste of public money - the employers' side appealed that decision to the Court of Appeal.
A decision from the Court of Appeal is due to be announced imminently – and at that stage the outstanding cases will proceed.
We are currently waiting on that decision - as soon as any news is announced we will let you know.
Female claimants compare their earnings against the higher (bonus-related) earnings of male employees in predominantly-male comparator posts.
Unfortunately some employers have tried to delay the tribunal process by arguing that people should not be able to rely on comparators in their claims which are not mentioned in their original grievances.
In our view - a view that's shared by the trade unions - this is a trivial point which does not detract in any way from the strength of people's claims.
The Employment Appeal Tribunal has already ruled on this point – by firmly rejecting the employers' arguments.
See the following quote the Honourable Mr Justice Elias, President of the EAT:
"The EAT has been inundated with appeals relating to the operation of the statutory grievance procedures. Rarely can legislation have been so counter-productive. Provisions designed to reduce tribunal disputes have spawned satellite litigation in which arcane and complex points of law have been argued, frequently so remote from reality that they would surprise even the most desiccated Chancery lawyer conjured up by the imagination of a Charles Dickens."
Sadly - and in a further waste of public money - the employers' side appealed that decision to the Court of Appeal.
A decision from the Court of Appeal is due to be announced imminently – and at that stage the outstanding cases will proceed.
We are currently waiting on that decision - as soon as any news is announced we will let you know.
