“…can be evidence pointing to equal value even for the period before the JES came into effect – as Elias P pointed out in Hovell v Ashford & St. Peter’s Hospital [2009] ICR 1545. The burden of proof was on the Co-op to show that a factor remained material; the burden was not on Mrs Walker to disprove materiality. Following Lord Nicholl…”
“…, the statutory language looks to the present and to the future but not to the past.” As Elias LJ observed in Hovell v Ashford & St Peter’s Hospitals NHS Trust [2009] ICR 1545 the position may be different for a claim based on like work or work of equal value, but that is inapplicable in the present case.…”