Trinity Employment, Business & Property Barrister, Richard Stubbs recently acted for an NHS Trust in defending an equal pay claim brought by a Consultant Clinical Psychologist.
In Mrs E Desert v North Cumbria Integrated Care NHS Foundation Trust, heard at the Manchester Employment Tribunal before Employment Judge Ross, Richard successfully argued that the Agenda for Change NHS Job Evaluation Scheme was a valid Job Evaluation Study by which to defend the Claimant's equal value claim under section 131(6)(b) of the Equality Act 2010, notwithstanding the time since the evaluation(s).
The Tribunal also accepted that any difference in pay between the Claimant and her comparator was not due to the difference in their gender and an equal pay claim under the Equality Act could not therefore succeed.
The material factor defence based on the different banding of the Claimant and her comparator was successful.
Richard's Employment Law practice is regularly recognised in the leading legal directories, with recent entries including:
"He can do just about everything and is particularly strong on equal pay. His patience and serene calm make him a pleasure to work with." "Richard is a first class employment law junior in all respects." "Richard can adapt his style of advocacy to the needs of the case and he has the respect of the Employment Tribunal. Richard can communicate well with witnesses and sets a high standard in terms of responding to instructions"
Employment, Chambers & Partners
"His greatest strength is being able to take a nuanced approach to each case, adjusting his style of advocacy accordingly. He clearly has the respect of the Tribunal." "Knowledge of employment law is beyond question."
Employment, Legal 500
Richard is an Accredited Civil and Commercial Mediator and also sits as a part time Recorder for the North Eastern Circuit. Richard is a member of the National County Football Association’s Serious Cases Panel and Vice-Chair of Northumberland RFU Disciplinary Panel.