[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.