North and others v Dumfries and Galloway Council  IRLR 239 CS
Reports relating to this case:
Equal pay: Not necessary to show "real possibility" of comparator from different establishment doing same work at claimant's establishment for comparator to be "in the same employment"
- 1 June 2011
In North and others v Dumfries and Galloway Council  IRLR 239 CS, the Court of Session held that the EAT's "real possibility" test incorrectly placed an additional hurdle on claimants and amounted to an error of law. However, the claimants' argument that they were in the same employment as their comparators failed on the evidence.
- 18 January 2011
The Court of Session has said that the Employment Appeal Tribunal incorrectly placed an extra hurdle in equal pay claims when it said that, for a claimant to rely on a comparator employed at a different establishment, there must be a "real possibility" of the comparator doing the same, or a broadly similar, job at the claimant's place of work.