Highland Council v TGWU/Unison & ors - Comparator named in a tribunal equal pay claim must be the same as the comparator named in the requisite statutory grievance  EAT
A large number of equal pay claims were brought against Highland Council. The question arose as to whether the tribunal had jurisdiction to hear them. Employment Act 2002 s.32 deprives the tribunal of jurisdiction if the claimant has not first set out their complaint in a grievance to the employer. In these cases there was variation between the comparators set out in the grievance letters and those set out in the claims to the tribunal. The tribunal ruled that nevertheless it could hear the claims. The Highland Council appealed to the EAT.