The appellants were female support staff employed by the respondent local authority to work in schools and nurseries. They sought to compare themselves with male manual council workers and thus, appealed against a decision that they were not entitled to equal pay. They worked in accordance with the “Blue Book”; they were based at various schools, worked less than 35 hours a week and worked only during school terms. Comparably, the males employed by the local authority operated under the “Green Book”; they were based at specific depots, worked full time and were eligible for bonuses and supplements.

The employment tribunal held that appellants were “in the same employment” as the male workers for the purposes of the Equal