Mrs J Shanks v Represented by: Ms A Martin - Legal Representative Ross Fire Protection Ltd — 2019

At a preliminary hearing on the claimant's equal pay complaint, the tribunal had to decide whether Mrs J Shanks and her comparator, Andrew Ferguson, were engaged in like work for the purposes of section 65 Equality Act 2010. The claimant initially relied on several comparators, but by the start of the hearing relied only on Mr Ferguson. The tribunal also refused an application made after evidence had been heard to change the comparison period, because that would have caused delay and prejudice by requiring further evidence from the respondent.

The tribunal found that the respondent was a fire sprinkler design and installation business. The claimant had moved from administrative work into the design office in 2002, had Grade 1 and Grade 2 qualifications, and could design pre-calculated sprinkler systems but not FHC or other bespoke systems. Her regular duties included preparing drawings, checking colleagues' drawings, site paperwork, ordering materials, attending site meetings, monitoring progress, and preparing for LPCB audits.

Mr Ferguson joined in 2013 with training and experience in FHC work from a previous employer. The tribunal accepted that, before he obtained Grade 4 certification in February 2016, he also carried out FHC, FM and client-specification work, and that this accounted for about 50% of his time. It found that both employees were engaged in work involving the design and installation of fire sprinkler systems, so the work was the same or broadly similar, but that the differences between them were of practical importance because Mr Ferguson's work involved more complex design, calculation and bespoke work requiring specialist knowledge. The tribunal therefore held that they were not employed in like work within section 65(1) Equality Act 2010, and the equal pay claim failed.