Green Book employee loses equal pay claim against fire service despite doing like work
A tribunal dismissed an equal pay claim by a Green Book employee against Hampshire Fire and Rescue Authority, finding that the pay gap with Grey Book colleagues was justified by different national agreements and additional obligations.
1 min read · Last updated 18 May 2026
Case details
- #equal-pay
- #like-work
- #material-factor-defence
- #green-book
- #grey-book
- #sex-discrimination
- #constructive-dismissal
Key facts
- The claimant was employed on Green Book (local government) terms throughout her employment.
- Her male comparators were employed on Grey Book (operational firefighter) terms with higher pay and more generous conditions.
- The tribunal found the claimant performed like work with her comparators.
- The respondent successfully relied on the material factor defence, showing the pay difference was due to the different national agreements and additional obligations on Grey Book staff.
- The claimant's constructive dismissal claim failed because there was no fundamental breach of contract.
Timeline
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Employment commenced
Claimant started work as a station administrator for the respondent.
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Started BSO role
Claimant began a temporary secondment as a Business Support Officer (BSO) on Green Book terms.
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Promoted to FSO
Claimant became a Fire Safety Officer (FSO) on a permanent contract, still on Green Book terms.
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Promoted to Office Manager
Claimant became temporary Office Manager (OM) at Redbridge, later confirmed as Community Safety Delivery Manager (CSDM).
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Formal grievance submitted
Claimant raised a formal grievance about equal pay, citing disparity with Grey Book colleagues.
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Grievance outcome
Mr Simms rejected the grievance, finding no equal pay breach, but offered to explore solutions.
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Claimant resigned
Claimant resigned, citing breach of trust and confidence due to pay inequality and grievance delays.
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ET claim presented
Claimant lodged claims for equal pay and constructive unfair dismissal.
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Final hearing began
Ten-day final hearing on liability for equal pay and constructive dismissal.
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Judgment issued
Tribunal dismissed both claims, finding no equal pay breach and no constructive dismissal.
The legal issue
The tribunal had to decide whether a Green Book employee was entitled to equal pay with male Grey Book comparators performing like work, and whether the employer could justify the pay difference as a material factor unrelated to sex.
The outcome
The tribunal dismissed both the equal pay claim and the constructive unfair dismissal claim.
The equal pay claim failed because the respondent proved a material factor defence: the pay difference was due to the different national collective agreements (Green Book vs Grey Book) and the additional obligations on Grey Book staff, such as firefighting duties and shift work. The tribunal accepted that these factors were not tainted by sex discrimination.
The constructive dismissal claim failed because the tribunal found no fundamental breach of contract. The respondent's handling of the grievance, while slow, did not destroy trust and confidence.
Lessons & takeaways
- Employers can defend equal pay claims by showing pay differences are due to separate collective agreements with different terms and conditions, as long as those agreements are not discriminatory.
- Constructive dismissal requires a fundamental breach of contract – delay in handling a grievance, without more, may not be enough to justify resignation.
- Employees in similar roles but under different pay structures should check whether the difference is explained by factors like additional duties, different bargaining arrangements, or market forces.
- If you believe you are doing like work with higher-paid colleagues, gather evidence of the actual duties performed and any differences in terms and conditions.
This case shows the limits of equal pay law where different national collective agreements apply. The claimant, a Green Book employee, argued she performed like work with male Grey Book colleagues and should receive the same pay. The tribunal agreed she did like work, but that was only the first hurdle.
The employer successfully relied on a material factor defence: the pay gap existed because of separate national agreements (Green Book for non-operational staff, Grey Book for operational firefighters) and because Grey Book staff had additional obligations, including firefighting, shift work, and extra training. The tribunal accepted these factors were genuine and not a pretext for sex discrimination.
What the employer did right
Hampshire Fire and Rescue Authority was able to point to clear documentary evidence of the different terms and conditions attached to each pay structure. They also showed that the claimant's role, while similar in some respects, did not carry the same operational demands. This allowed them to rebut the presumption of sex discrimination that arises once like work is established.
Why the constructive dismissal claim failed
The claimant resigned after her grievance about pay inequality was rejected. She argued the respondent's handling of the grievance amounted to a breach of trust and confidence. However, the tribunal found no fundamental breach: the grievance was dealt with, albeit slowly, and the respondent had offered to explore solutions. Resigning without a clear breach meant the claim could not succeed.
Key takeaway for similar claims
Equal pay claims can be complex when different pay structures are involved. Even if you can show like work, the employer may still justify the difference if it is due to a material factor unrelated to sex. This case is a reminder that the burden then shifts to the employer, but a well-documented defence based on collective agreements and genuine operational differences can succeed.
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