The EAT upheld the decision of the Employment Tribunal to refuse to withdraw the requirement for an independent expert to report to the tribunal on the question of equal value. The EAT also confirmed that just because jobs are on the same band of Agenda for Change, the tribunal is not bound to accept that the jobs are of equal value for the period prior to Agenda for Change. The EAT also confirmed that the onus is on the claimant to prove equal value.

The decision is helpful as it confirms that Agenda for Change does not have retrospective effect and establishing equal value will be more problematic which will make it more difficult for claimants to bring successful equal value claims. This is because claimants will not be able to simply rely on the banding of their roles and their comparators’ roles under Agenda for Change to show that the roles were of equal value prior to assimilation. Although banding will be taken into account, it will not determine the question of equal value and claimants will have a bigger hurdle to overcome to prove their claim. It is likely that leave to appeal against this decision will be sought.