Glasgow City Council v Fox Cross Claimants & Ors - ET's discretion to allow amendment to pleadings is wide [2013] EAT

ET's discretion to allow amendment to pleadings is wide

This case is the second wave of equal pay claims brought against Glasgow City Council by employees represented by Fox Cross solicitors. The issue was the question of whether the Work, Pay and Benefits Review gave rise to disparities in pay as part of the material which the ET had several days to consider. It asked whether the Scheme which had been adopted by Glasgow CC was one of job evaluation so as to fit within the margins of s. 1(5) Equal Pay Act 1970 and whether, if it did, the council could appropriately rely upon it as a defence to equal value claims brought by those whom the Scheme said had been rated as in equivalent jobs. The Fox Cross Claimants wished to contend as a central issue that the scheme adopted did not properly evaluate jobs, rather it used role profiles which were of too generic and general a character to evaluate the totality of the jobs which the individual workers did. During cross examination the scheme designer was asked how he justified the allocation of ostensibly very different jobs to the same role profile. The Council objected on the ground that the question went beyond what was agreed were the issues.

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