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Sefton MBC & Anor v Hincks & Ors - Jurisdiction in equal pay claim not limited to comparator named in statutory grievance [2011] EAT

The (now-repealed) statutory grievance procedures only require that a Step 1 grievance identify that an employee has an equal pay claim and that the subsequent tribunal claim is for equal pay; if an employee goes further and identifies a comparator in her grievance, that in no way precludes additional comparators being named in the tribunal application.

Ms Hincks and her colleagues - all represented by the GMB trade union - brought equal pay claims against the local authority that employed them, Sefton MBC. They submitted a grievance under the then applicable statutory grievance procedures under Employment Act 2002 ("EA"), in which they named a single comparator job. However, in their ET1 claim forms, they identified four comparator jobs. Furthermore, when firms representing other claimants identified further comparator jobs, Ms Hinks and her colleagues sought leave to amend their applications to include those further comparators.

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