Mrs E Desert v North Cumbria Integrated Care NHS Foundation Trust — 2023

Mrs Desert remained employed by the respondent as a Consultant Clinical Psychologist and had been banded at 8D under Agenda for Change until her role was re-evaluated and re-banded to Band 9 in October 2018. The claim covered August 2013 to October 2018 and was advanced as an equal value claim against Professor David Dagnan, relying on the banding of his predecessor Mr Roberts and Professor Dagnan's own Band 9 grading.

Employment Judge Ross held that the NHS Agenda for Change scheme was a valid job evaluation study within section 80(5) Equality Act 2010 and, applying section 131(6), that the claimant had not shown reasonable grounds for suspecting the evaluation was unreliable. The judgment recorded that the claimant accepted the formal re-evaluation process under Agenda for Change and only invoked it in September 2016, and the judge found that the later delay in agreeing a revised job description did not make the scheme unreliable.

On the facts, the tribunal found that the claimant's role changed over time and that there was a factual dispute about the extent to which her Clinical Director duties formed part of the job that was re-banded in 2018. The judge concluded that the material factor explanation relied on by the respondent was the different Agenda for Change bandings, that this was not a sham or pretence, and that there was no evidence or allegation of direct or indirect sex discrimination. The respondent therefore succeeded on the section 69 Equality Act 2010 material factor defence.

The claim was accordingly struck out. The tribunal also said, in case it was wrong on the jurisdictional point, that an independent expert would in any event be necessary because of the factual dispute about the claimant's duties between 2013 and 2018 and the proper treatment of the Clinical Director role. No monetary award was made.