Miss C Jones and others v Graysons Restaurants Ltd: 2100610/2007
JUDGMENT
[1]The role of the hydragang drivers of Liverpool City Council was rated and evaluated under the same job evaluation scheme (JES) as the claimant cooks (4) Grade 5. The relevant JES for the purposes of this part of this multiple litigation is the White Book produced in the late 1980s for the use of the recognised Unions, Liverpool City Council and its employees. Consequently the work of the Hydragang drivers was evaluated in a way which satisfies the requirements of Section 1(5) of the Equal Pay Act 1970.[2]In those circumstances the relevant claimants can proceed with their equal pay claims against this respondent.[3]The matter will now be further discussed at a telephone preliminary hearing (private) at 10.00am on 3 May 2017 before Employment Judge Robinson where directions will be made.[4]No further order or direction need be made today. 15-02-17 ______________________________ Employment Judge Robinson[1]After the hearing with regard to costs it was discussed as to how this litigation could proceed.[2]It was decided that the matter should proceed to a telephone conference call/case management discussion on Thursday 16 November 2017 at 10.00am at Liverpool Employment Tribunal.[3]Leading up to that date the following directions are made for the future good conduct of the proceedings:(1) By no later than 4 July 2017 the claimants shall identify and communicate with the respondents telling them who the lead claimants will be. It is likely there will be two lead claimants.(2) By no later than 18 August 2017 the claimants shall inform the respondents who the comparators will be in this litigation in general terms. I am not asking the claimants to specify individual comparators but to specify broadly the comparators identified by job title and the bonus Case No. 2100610/2007 & others 2 schemes for each department they wish their claimants to be compared with.(3) Disclosure shall be completed by both parties by no later than 2 October 2017 and I leave it to the good offices of both parties’ solicitors to arrange for that to be done.(4) A draft bundle of documents shall be prepared by the respondents and served upon the claimants by no later than 23 October 2017.[4]During the telephone conference in mid November the parties will discuss with the Employment Judge issues as to when witness statements should be exchanged, a schedule of directions up to the final hearing and a date for the final hearing will also be arranged.[5]A List of Issues as between the parties will be prepared. The final hearing will deal with the GMF defence issue as between the parties.[6]If the date in November is not convenient then the parties should inform the Tribunal by no later than 13 June 2017 and the date will be changed.[7]I felt that I could not order the claimants to specify individual comparators at the present time and it may be that at the hearing in November further directions can be made in that regard.[8]I have arranged for there to be a hearing in November because that will be just over one week after the EAT has dealt with certain issues between the parties, and the way in which the EAT deals with the issues may affect the directions I make to the final hearing.[9]As I understand it, the hearing in the Employment Appeal Tribunal in November will also involve the Secretary of State for Business, Energy and Industrial Strategy who has now become an interested party in these proceedings.[10]However no other order or direction need be made at the present time, and all matters will be dealt with at the November hearing. 09-06-17 Employment Judge Robinson