LIST OF CASES / Mid-Staffordshire NHS Foundation Trust v Kaur EAT 2008

EAT on 6th November 2008, reported at [2009] ICR 281 (also at [2009] IRLR 12)
Court of Appeal on 7th April 2009 reported at [2009] ICR 1011 and at [2009] IRLR 452

NOTES

(EAT) Arnold & Ors v Sandwell Metropolitan Borough Council, EAT 6th November 2008, joined with Suffolk Mental Health Partnership NHS Trust v Hurst, Thompson and Taylor and Mid-Staffordshire NHS Foundation Trust v Kaur and ors, all reported together at [2009] ICR 281 (also at [2009] IRLR 12).

(Court of Appeal) Suffolk Mental Health Partnership NHS Trust v Hurst & Ors [2009] EWCA Civ 309 on 7th April 2009 joined with Sandwell Metropolitan Borough Council v Arnold & Ors, reported together at [2009] ICR 1011 (also at [2009] IRLR 452) - see below

The full text of the EAT judgment is available free of charge on the BAILII website.

Representation:-

Ms Naomi Ellenbogen instructed by Messrs Kennedys, Solicitors, 25 Fenchurch Avenue, London EC3M 5AD and by Mid Staffordshire NHS Foundation Trust Legal Services, Staffordshire General Hospital, Stafford ST16 3SA for Suffolk Mental Health Partnership NHS Trust and Mid Staffordshire NHS Foundation Trust

Mr Paul Epstein and Ms Betsan Criddle instructed by Messrs Thompsons, Solicitors, Congress House, Great Russell Street, London WC1B 3L and City Gate East, Tollhouse Hill, Nottingham NG1 5FS for Mrs L Hurst, Ms M Thompson and Ms J Taylor and for Mrs R Kaur and Others

Ms Betsan Criddle instructed by Messrs Thompsons, Solicitors, The McLaren Building, 35 Dale End, Birmingham B4 7LF for Ms C A Arnold and Others

Mr Andrew Stafford QC (Court of Appeal only) and Mr Jeremy Lewis instructed by Messrs Wragge & Co LLP, Solicitors, 55 Colmore Row, Birmingham B3 2AS for Sandwell Metropolitan Borough Council.

Authority for the proposition that:-

notwithstanding earlier decisions to the contrary (see for example Highland Council v TGWU EAT 2008 IRLR 272, on 7th December 2007) in an equal pay case a grievance can be valid for purposes of the Employment Act 2002 (Dispute Resolution) Regulations 2004, SI 2004/752 (so an Employment Tribunal will have jurisdiction) even though neither the names nor the precise job categories of the claimants were identified provided there is enough detail to enable the employer to identify at least some of the general job categories with which comparison is being made.

editor's note: April 2009
In April 2009, the Court of Appeal, agreeing with EAT's ruling below, dismissed an appeal (see notes on Suffolk Mental Health Partnership NHS Trust v Hurst & Ors [2009] EWCA Civ 309 on 7th April 2009, reported at [2009] ICR 1011 and at [2009] IRLR 452)

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

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prepared December2008