[Thanks to Sarah Bourke of Tooks Chambers, junior Counsel for the Claimants, for providing this case summary]
The EAT has today handed down its judgment in South Tyneside v McAvoy which is authority for the proposition that male colleagues of female equal pay claimants may bring contingent claims.
The EAT held that it is not premature for contingent male claims to be issued prior to the resolution of their female comparators' claims. Furthermore, contingent male claimants are entitled to claim arrears of pay for the full period in respect of which their female comparators have been awarded arrears.
It is believed that approximately 12,000 contingent male claims are currently stayed pending determination of this issue. Given the importance of the issues raised by this appeal, permission has been granted for the Councils to appeal to the Court of Appeal.
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Over 28,000 people, including solicitors, barristers, HR professionals and employment tribunal judges, receive these bulletins.
Daniel Barnett is a barrister at Outer Temple Chambers, with over 15 years' experience defending companies facing employment tribunal claims and associated commercial disputes. He is listed as a leading employment barrister in the ‘Legal 500′, and described in the Times Law Supplement as having “carved out a strong reputation”.
Daniel regularly advises and represents large and small businesses in discrimination claims, TUPE problems, team moves, removal of confidential business information, and unfair dismissal disputes. He has been appointed as employment law advisor to Acas since 2004, and is the author or co-author of seven legal textbooks.
--> http://www.danielbarnett.co.uk/
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