Dundee City Council v McDermott and ors - Equal Pay and statutory grievance procedures [2010] EAT

Until the 6th April 2009 repeal of the ill fated 2004 statutory grievance procedures, if a claim should have been subject of a formal written grievance by the employee to the employer it could not be considered by an employment tribunal unless such a grievance had been made.  This case is authority for the proposition that if a pre-April 6th 2009 related claim is a claim for equal pay with comparators of the opposite sex, the comparators named in the claim must be generally the same as those named in the grievance if a tribunal is to entertain the claim.

A number of female employees of the Dundee City and the Perth & Kinross Councils made equal pay claims. These employees had submitted written grievances in accordance with the (now-revoked) standard procedure detailed in Employment Act 2002 s.32. They subsequently submitted claims to the Tribunal but the claims detailed in the ET1 differed from the grievances submitted to the employer in that  the comparators specified in their ET1 were additional to, or different from, those specified in their written grievance.

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