The Employment Appeal Tribunal has held that compromise agreements preventing employees from bringing equal pay claims against a council are valid, even though the employees had been advised by solicitors engaged by the council.
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.
In North Cumbria University Hospitals NHS Trust v Fox and others sub nom Potter and others v North Cumbria Acute Hospitals NHS Trust and others (No.2)  IRLR 804 CA, the Court of Appeal held that those parts of the claimants' equal pay claims that pre-dated significant changes to contractual terms were not out of time. Irrespective of the changes to contractual terms that had occurred, it was plain that there had been a "stable employment relationship" throughout for the purposes of s.2ZA of the Equal Pay Act 1970.
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