Ms S Aly, counsel For the v Respondent — 2020

The tribunal found that Ms Burke's programme director role on Project Lightning was a band C role focused on delivery of a limited pilot project, whereas the comparator roles relied on for equal pay were band B roles with greater operational scale, budgetary responsibility, and influence on functional strategy. It accepted that the Lightning role involved management, budget input, and senior reporting, but held that the comparators' work was already embedded in areas central to TalkTalk's strategy, with larger budgets, broader accountability, and more direct influence on business function. On that basis, the tribunal concluded that Ms Burke was not doing like work with any comparator for the purposes of sections 64 to 66 of the Equality Act 2010.

The tribunal did not need to determine a material factor defence on the like-work claim, because equal work had not been established. It recorded that the equal value claim was not determined at this hearing and remained before the tribunal for future conduct.

On unfair dismissal, the tribunal held that there was a genuine redundancy situation when the Lightning programme was scaled back after the February 2017 committee decision. It found that the reduction in scope meant the remaining work no longer justified a director-level role, and that the work could be managed by a more junior programme manager. The tribunal also rejected the claimant's challenge to the selection pool, consultation, alternative employment process, and appeal, finding that the procedure adopted was one open to a reasonable employer under section 98(4) Employment Rights Act 1996. The unfair dismissal claim was dismissed.