In Walton Centre for Neurology & Neuro Surgery NHS Trust v Bewley UKEAT/0564/07 the EAT held that Diocese of Hallam Trustee v Connaughton [1996] ICR 860, the authority for using a successor as a comparator in a claim for equal pay, had been wrongly decided. On review of the European Court of Justice (ECJ) authorities, the EAT held that a successor could not be used as a comparator in a claim for equal pay.

The EAT also noted that, where a claimant relies on a predecessor as a comparator, the comparison is limited to the terms enjoyed by the comparator at the termination of their employment. It is not possible for the claimant to argue that what would have happened to the comparator's pay, had they remained in employment, should be taken into account.