Clark & Ors v Sainsburys Supermarkets Ltd & Anor [2022] EAT 143

Appeal against the rejection of the Claimant's claims because their names did not appear on an EC certificate. Appeal allowed.

The Claimants were bringing equal pay claims brought on a number of multiple claim forms. The EJ held that their claims should be rejected because their names appeared on an EC certificate but no number appearing on that EC Certificate was included anywhere on the claim form. So, for example, there were claim forms in which the name of a lead Claimant appeared, together with an EC number for an EC certificate on which that lead Claimant’s name appeared, but there were Claimants on the schedule attached to the claim form whose names did not appear anywhere on that EC Certificate, or on any EC Certificate a number for which was set out anywhere on the claim form. The Claimants appealed on the basis that it is sufficient if one EC Certificate number is given on the claim form for any Claimant who brings a claim on the claim form.

The EAT allowed the appeal. It was sufficient that the claim form contained for each Respondent an early conciliation number of an EC Certificate on which the name of one of the prospective Claimants making the joint claim appeared.

https://assets.publishing.service.gov.uk/media/632aebebe90e073725585d6d/Mrs_M_Clark_and_Others_v_1__Sainsburys_Supermarkets_Ltd_2__Lloyds_Pharmacy_Ltd__2022__EAT_143.pdf

Published: 17/10/2022 15:58

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