Can a Series of Promotions Prevent an Equal Pay Claim?

A change of role or promotion does not necessarily preclude an employee from bringing an equal pay claim relating to the whole of their employment, as illustrated in a recent case.

Barnard v Hampshire Fire and Rescue
Mrs Barnard was employed by Hampshire Fire and Rescue in a series of roles which included two promotions. She brought an equal pay claim relating to the entirety of her employment. In order for her claim to succeed, the tribunal needed to be satisfied that she had been in a 'stable working relationship' throughout her employment.

The tribunal held that her promotions amounted to a significant change to her employment and broke continuity of a stable working relationship.

The Employment Appeal Tribunal disagreed with this view and applied the earlier Court of Appeal authority of North Cumbria University Hospitals NHS Trust v Fox and others, which stated that when considering whether there has been a stable working relationship, tribunals should apply a broad, non-technical test and look at the character of the work and the employment relationship in practical terms. The Court of Appeal stated that the contractual terms in question were only relevant to the extent that they threw light on the nature of the work.

The EAT concluded that a stable working relationship could be maintained through a series of promotions, that the tribunal had failed to explain why it considered Mrs Barnard's promotions were a significant change and therefore that its decision was perverse or, alternatively, was an error of law through failure to provide adequate reasons. The EAT remitted the case to a fresh tribunal, to be heard again.

For further information on employment issues, please contact Gareth Edwards in our Employment Law team on 0117 314 5220.