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NHS win in tribunal

15 Aug 2008

NHS win in tribunal Students working for part-time for the NHS in order to support their studies could be interested to hear that an NHS job-evaluation scheme can not determine equal pay claims, one court has ruled.

The Employment Appeal Tribunal ruled yesterday (August 13th) that the Agenda for Change system, brought into affect in 2004, does not prove a job roles previous value, it has been reported by Personneltoday.com.

A defendant known as Hovell argued the banding of roles under the evaluation plan should determine the question of equal value for the period of claim before that date.

However, the tribunal ruled in favour of Ashford and St Peter's Hospital NHS Trust despite admitting the agenda did provide some evidence of relative value as it felt the onus was still on the claimant to prove the jobs deserved equal pay.

Rachael Heenan, employment partner at Beachcroft, the law firm which defended the trust, told the website the decision was good news for NHS trusts nationwide as it confirms the Agenda for Change does not have "retrospective effect".

She added: "The decision makes it more difficult for claimants to bring successful equal value claims that simply rely on the banding of their roles, and their comparators' roles, under Agenda for Change."

The agenda for change is the single pay system in operation in the NHS.

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