[2009] EWCA Civ 670, Court of Appeal on 9th July 2009, reported at [2009] ICR 1545 (also at [2009] IRLR 734)

NOTES

  • Hovell v Ashford & St Peter's Hospital NHS Trust, [2009] EWCA Civ 670, Court of Appeal on 9th July 2009, reported at [2009] ICR 1545 (also at [2009] IRLR 734)
  • The full text judgment in this case is available free of charge on the BAILII website

    Representation:-

  • Mr Antony White QC and Ms Karon Monaghan QC instructed by Messrs Thompsons for Mrs Hovell, the Appellant
  • Mr John Bowers QC and Ms Kirti Jeram instructed by Messrs Beachcroft LLP for Ashford & St Peter's Hospital NHS Trust, the Respondent
    Authority for the propositions that:-

    1. in an equal pay claim, the fact that a Job Evaluation Study has rated jobs as "substantially equal in value" may or may not mean that they are "equal in value". It does not raise a presumption that the jobs were of equal value for a period before that covered by the Evaluation Study. It will be of evidential value but the onus of proving equal value for that period rests with a Claimant
    2. an employment tribunal always has a discretion to appoint an Independent Expert to determine the question of equal value.

    For relevant general notes go to Sex discrimination/equal pay and terms of employment/work rated as equivalent and/or Sex discrimination/equal pay and terms of employment/work of equal value


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    prepared July2009