Ms S Yildiz v The London Borough of Barking and Dagenham and Ms F Taylor: 3202029/2019

JurisdictionEngland & Wales
Judgment Date12 February 2021
Citation3202029/2019
CourtEmployment Tribunal
Published date18 February 2021
Subject MatterUnfair Dismissal
Case Number: 3202029/2019
1
RM
EMPLOYMENT TRIBUNALS
Claimant: Ms S Yildiz
Respondents: (1) The London Borough of Barking and Dagenham
(2) Ms F Taylor
Heard at: East London Hearing Centre
On: 15 and 16 October 2020
Before: Employment Judge Russell
Representation
Claimant: Ms L Prince (Counsel)
Respondent: Ms L Chudleigh (Counsel)
JUDGMENT
The judgment of the Tribunal is that:-
1. The Claimant cannot compare herself with Mr David Lawson under
Section 79, Equality Act 2010.
2. The Claimant cannot compare herself with Mr Skeates, Mr Ferguson, Mr
Green, Mr Mather or Mr Hursthouse under Section 79, Equality Act 2010.
3. The Claimant can compare herself with Mr Skeates, Mr Ferguson, Mr
Green, Mr Mather or Mr Hursthouse for the purposes of Article 157, Treaty
of the Functioning of the EU.
REASONS
1 The claim was listed for a two-day open Preliminary Hearing to determine the
preliminary issues of:
1.1 Can the Claimant compare herself with her chosen comparators under
Section 79, Equality Act 2010?
1.2 If not, can the Claimant compare herself with her chosen comparators under
Article 157, Treaty of the Functioning of the EU because their pay is
attributable to a single source?

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