Paragraph 3 Conduct of stage 1 equal value hearingI1

Where there is a dispute as to whether one person’s work is of equal value to another’s (equal value being construed in accordance with section 65(6) of the Equality Act), the Tribunal must conduct a hearing, which must be referred to as a “stage 1 equal value hearing”, and at that hearing must—

Before a claim or a part of it is struck out under sub-paragraph (1)(a), the Tribunal must send notice to the claimant and allow the claimant to make representations to the Tribunal as to whether the evaluation contained in the study in question falls within sub-paragraph (a) or (b) of section 131(6) of the Equality Act. The Tribunal is not required to send a notice under this paragraph if the claimant has been given an opportunity to make such representations orally to the Tribunal.

The Tribunal may, on the application of a party, hear evidence and submissions on the issue of defence of material factor contained in section 69 of the Equality Act before determining whether to require an independent expert to prepare a report under paragraph (1)(b).

The Tribunal must give the parties reasonable notice of the date of the stage 1 equal value hearing. The notice must specify the matters that are to be, or may be, considered at the hearing and give notice of the standard orders in rule 4.