Ms A Morton v East Lancashire Hospitals NHS Trust: 2413279/2018

JurisdictionEngland & Wales
Judgment Date30 January 2023
Date30 January 2023
Published date20 January 2022
CourtEmployment Tribunal
Citation2413279/2018
Subject MatterUnfair Dismissal
RESERVED JUDGMENT Case Number: 2413279/2018
Code V
1 of 11
EMPLOYMENT TRIBUNALS
Claimant: Ms A Morton
Respondents: East Lancashire Hospitals NHS Trust
RESERVED JUDGMENT
Heard at: Manchester On: 25,26 and 27 January 2023
Before: Employment Judge Holmes
Mrs J P Byrne
Representatives
For the claimant: In person
For the respondent: Mrs A Niaz Dickinson (Counsel)
RESERVED JUDGMENT
It is the unanimous judgment of the Tribunal that:
The respondent’s material factor defence succeeds and the claimant was not entitled
to equal pay in her role as a Senior Divisional Accountant at band 8b from 24 August
2012 to 16 May 2016.
REASONS
1.By a judgment sent to the parties on 30 December 2021 , the Tribunal found that the
claimant was engaged upon like work to her chosen comparators , for the period that
she was in post as a Senior Divisional Accountant for the respondent between 24
August 2012 and 6 May 2016. Her other claims were dismissed.
2.Following the judgment, the claimant applied to the Tribunal for permission to
advance a material factor defence, in the alternative, the Tribunal having found in the
claimants favour upon the issue of like work.
3. That application was considered by the Employment Judge sitting alone, and by a
judgment sent to the parties on 20 June 2022 , the Tribunal granted the respondent

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