Tribunal Member E Farrell Tribunal Member S Singh Ms Lynne Edgar v Represented by:15 Mr Ronald Clarke - Solicitor Scottish Water — 2023

Ms Lynne Edgar, a Corporate Affairs Officer employed by Scottish Water, brought an equal pay claim comparing herself with Matthew Bingham, the only male Corporate Affairs Officer. This hearing was a preliminary hearing on the respondent's material factor defence under s.69 Equality Act 2010. The tribunal did not determine whether the claimant and comparator were doing like work or work of equal value under s.65 Equality Act 2010.

The respondent relied on market factors, skills-related or other relevant supplements, experience, responsibility and potential, and cost. During the hearing it withdrew the market forces defence. The tribunal accepted that Scottish Water operated banded pay ranges and that Mr Bingham was moved from consideration for a Band B Corporate Affairs Specialist role to a Band C Corporate Affairs Officer role, starting on £36,500. However, it found there was no clear and cogent evidence identifying who made the salary decision, when it was made, or what factors were actually taken into account, and there was no transparent audit trail or evidence from Mr Alan Thomson, who was said to have approved the figure.

Applying the burden of proof and equal pay authorities it cited, including s.136 Equality Act 2010, Glasgow City Council v Marshall, Rainey v Greater Glasgow Health Board, and Walker v Co-operative Group Limited, the tribunal held that the respondent had not established its pleaded material factor defences. It also refused the respondent's Rule 50 application for privacy or anonymity, including the proposed anonymity of Mr Bingham and the redaction of material about his CV, interview and pay. The case was listed for a final hearing to decide whether the claimant and comparator were doing like work.