The EAT has held that an employee bringing a claim for equal pay must refer to a comparator when raising the grievance and any comparator used in the grievance letter must be materially the same as those later presented to the Tribunal. The EAT held that the comparators in the grievance letter and the comparators presented to the Tribunal had to be 'materially' the same. Where, after providing the employer with their written grievance, a claimant discovers a materially different comparator, then the claimant has three options depending on whether the Tribunal proceedings are underway or not. Sometimes proceedings can be amended but on other occasions they must be terminated and new proceedings started.
TLT Solicitors