5. Supreme Court (House of Lords) Court of Appeal (CA) EAT ET High/ County Court ECJ Binding Advocate General (Influential)
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Editor's Notes
The case has been decided on the basis of agreed and assumed facts. The claimants, who are female domestic cleaners, were all employed by North Tees and Hartlepool NHS Trust (the Trust) prior to 1 July 2001. They worked at Hartlepool General Hospital. On 1 July 2001, under a privatisation or contracting out arrangement, all the claimants were transferred to work for Sodexo Limited (Sodexo). The claimants continued to work, as before, at Hartlepool General Hospital. In December 2006 (and on subsequent dates), the claimants brought equal pay proceedings in which they sought to compare themselves with male maintenance assistants who, at all material times both before and after 1 July 2001, worked at Hartlepool General Hospital. The male maintenance workers were not 'contracted out' and have been employed by the Trust at all times.