Mr S Wilkinson and Mr G Jagger v University Hospitals of Morecambe Bay NHS Foundation Trust: 2408966/2020 and 2409718/2020
JUDGMENT
[1]The Tribunal does not have jurisdiction to determine the claimants’ claims of direct sex discrimination as they were presented outside the statutory time limit and it is not just and equitable to extend time.[2]With effect from 1 January 2020, the claimant’s contracts of employment included a sex equality clause having the effect that their pay banding would be no less favourable than that of Joanne Peters and Leanne Breslin-James (“the comparators”).[3]The respondent has breached that equality clause by remunerating the comparators at a higher rate than the claimants. The loss caused to the claimants by that breach will be quantified at a future remedy hearing, if not agreed between the parties.