Representation:-

comparison with persons of the opposite sex is so fundamental to a complaint in respect of equal pay that it is essential that comparators are specified at the first stage of the statutory grievance procedure required by Employment Act 2002 s.32. It follows that if equal pay claimants fail to identify comparators (at least by reference to job or job type) at the first stage of the statutory grievance procedure then an Employment Tribunal will have no jurisdiction to hear their claim.

editor's notes:

1. See also Highland Council v TGWU & ors (No 2) EAT 2008 IRLR 868 - a general complaint by a trade union cannot amount to a formal grievance on behalf of unnamed employees.

2. the decision in this case was NOT FOLLOWED by the EAT in Suffolk Mental Health Partnership NHS Trust v Hurst & ors, EAT 2008 (along with two other cases on 6th November 2008, reported at [2009] IRLR 12). In that case neither the names nor the precise job categories of the claimants were identified in the grievance, but there was enough detail to enable the employer to identify at least some of those general job categories with whom comparison was being made. Elias P. indicated that this was enough and that a "minimal approach" was appropriate but gave leave to appeal to the Court of Appeal on the point.

3. Click for a note on the Appeal to the Court of Session in Highland Council v TGWU/Unison (professional versions only and/or go to Cannop & ors (TGWU) v Highland Council CS 2008 for a note on the Court of Session judgment of 11th June 2008).

For relevant general notes see Grievance procedures and/or Sex discrimination/equal pay and terms of employment/comparator