The EAT this month has examined the use of statutory grievance procedures in equal pay claims. It has concluded that an employee wishing to raise an equal pay claim must identify the correct comparator for the purposes of the claim at the grievance stage of the proceedings.

This means that the practice of entering a grievance in order to get a case into Tribunal on an equal pay claim will need to cease where the employee intends to get the case into the Tribunal prior to actually formulating the case properly.

It also means that employers who receive a grievance in relation to equal pay will investigate on the facts as set out in the grievance secure in the knowledge that if they give away something in their grievance response which results in a better formulated equal pay claim using a different comparator, then a new grievance would have to be lodged.

In the absence of such a grievance the employer will be able to ask the Tribunal to throw the claim out or alternatively the employer can agree that the original grievance can cover both courses of action. The reference for those who find it hard to sleep is The Highland Council v TGWU/Unison.