In the case of Hovell vs Ashford & St Peter's Hospital NHS Trust, the claimant lost an appeal asking her employer not to request an independent expert to look at In the case of Hovell vs Ashford & St Peter’s Hospital NHS Trust, the claimant lost an appeal asking her employer not to request an independent expert to look at the job roles being compared, in order to make a decision about equal pay.
Hovell originally had scope for an equal pay claim after the tribunal ruled that the system of banding roles under the Agenda for Change introduced in 2004 cannot in itself determine that employees’ roles are of equal value.
But while pay bands can be of limited value in pursuing equal pay, the ruling now allows employers to appoint an independent expert to ensure that claimants are entitled to pay equal to their comparators.
Rachael Heenan, partner at Beachcroft, said: This is good news for NHS trusts as the decision confirms once again that Agenda for Change does not have retrospective effect. The decision makes it more difficult for claimants to bring successful equal value claims that simply rely on the banding of their roles and their comparators’ roles.
She added: Just because jobs are in the same band, the tribunal is not bound to accept that the jobs are of equal value for the period prior to Agenda for Change.
the job roles being compared, in order to make a decision about equal pay.
NHS staff face new hurdle over equal pay
An Employment Appeal Tribunal ruling has made it more difficult for NHS employees to claim equal pay.
