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Equal Pay Success for Employment Barrister


Trinity Chambers’ Employment barrister, Richard Stubbs appeared on behalf of the Claimants in the successful week long Equal Pay case of Lawrie and Others v (1) Rotherham, Doncaster and South Humber NHS Foundation Trust (2) The Secretary of State for Health [2013] EqLR 1013 - 1014. The Secretary of State for Health, who intervened, was represented by Adrian Lynch Q.C. 

This was a test case before Employment Judge Malone at the Newcastle Upon Tyne Employment Tribunal to determine whether there was a genuine material factor defence for the difference in pay between nursing assistants (women) and maintenance assistants (men). The Respondents argued that market forces dictated the difference in pay in favour of the men. This was rejected by the Employment Tribunal. 

The case could potentially mean that many nursing assistants across the country may have valid Equal Pay claims for the period before the introduction of “Agenda for Change” in the NHS. They may well be successful in their claim providing that they get over the challenge of proving that they are of “equal value” to their comparators. The case is reported in the Equality Law Reports and available to subscribers.

Richard is a member of Trinity Chambers’ BusinessChanceryCosts, Employment and Judicial Review practice groups. In addition Richard is an Accredited Civil and Commercial Mediator and is available to act as a mediator and represent those involved in mediations. 

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Chris Lucarelli

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