Pending the appeal on the pay protection issue, the Surtees litigants have been to the EAT for a second time. This time it was about whether the council was entitled to call its own expert to challenge the conclusions of the independent expert appointed by the tribunal on the issue of equal value. The EAT concluded that this was permissible, provided that the council's expert did not seek to challenge factual findings. As the council's expert was only challenging aspects of the methodology of the tribunal's expert, his evidence could be heard.

For the Court of Appeal's decision in Bainbridge click here.

For the Surtees decision click here.