EAT on 24th August 2007, reported at [2007] IRLR 981 and at [2008] ICR 349
NOTES

  • Middlesbrough Borough Council v Surtees & ors EAT on 24th August 2007, reported at [2007] IRLR 981 and at [2008] ICR 349.
  • The full text of this judgment is available free of charge on the BAILII website.

    Representation:

  • Mr Christopher Jeans and Mrs Jane Callan instructed by Middlesbrough Council Legal Services, PO Box 99 A, Municipal Buildings, Middlesbrough TS1 2QQ for the Council
  • Mr Philip Engleman instructed by Messrs Stefan Cross, Solicitors, Buddle House, Buddle Road, Newcastle upon Tyne NE4 8AW for Ms Surtees.

    The EAT has had to urgently resolve a procedural question about expert evidence in the ongoing North East Equal Pay cases litigation. This case shows that a party's expert can legitimately challenge the methodology of an independent expert appointed by tribunal

    Under the procedures in the Equal Pay Act 1970, the employment tribunal appointed an Independent Expert (IE) to report on whether the twelve female claimants were doing work of equal value with their male comparators. The tribunal would not allow the Council to submit evidence from its own expert. The Council appealed.

    HHJ McMullen held that under the terms of the complementary rules of procedure an employment tribunal does have the power to allow a party expert to give evidence. Such evidence must not challenge facts which have already been found. However, "the system of job evaluation...is one which is susceptible to different methodolgies". The Council was fully entitled to call an expert to challenge the IE's methodology.

    For relevant general notes see Sex discrimination/equal pay and terms of employment/procedure .

    See also notes at Redcar & Cleveland BC v Bainbridge & ors; Surtees & ors v Middlesbrough Council CA 2008

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    prepared Oct2007