This case considers the temporal scope of a pay comparison in proceedings based on equal pay for work of equal value brought under the Equal Pay Act 1970.

The claimants sought arrears of pay dating back to 2002, arguing the work they completed was of equal value to C, a male employee who worked as a highways operative. However, circumstances changed in April 2006. One of the comparators, C, was promoted and the other, P, was assimilated onto a Single Status Scheme at a lower rate of pay. The Council challenged the duration for which the arrears were sought and argued the claimants could not compare themselves with C and P for the purposes of calculating their arrears claims.