ABSTRACT

The second question is when can it be said that two jobs have been ‘rated as equivalent’. In O’Brien v Sim-Chem Ltd,71 it was held to be sufficient if the evaluations under the scheme had been completed. There was no need for the scheme to be implemented; complaints under this section are most likely to be because a completed scheme was, for some reason, not implemented. However, in Arnold v Beecham Group Ltd,72 it was held that a scheme cannot be regarded as having been completed before it had been accepted by the parties. This must include the employer; whether it includes the union, where there has been union involvement in conducting the study, is unclear.73