The Industrial Cases Reports
[1998] ICR 227
[HOUSE OF LORDS]
PRESTON
and Others Appellants and
WOLVERHAMPTON HEALTHCARE N.H.S. TRUST
and Others Respondents
FLETCHER
and Others Appellants and
MIDLAND BANK PLC.
Respondents
[CONJOINED APPEALS]
1998 Jan. 19,
20,
22;
Feb. 5
Feb. 5
Lord Goff of Chieveley, Lord Slynn of Hadley, Lord Lloyd of Berwick, Lord Nolan and Lord Hope of Craighead
Discrimination, Sex
— Equal pay
— Pension scheme
— Part-time employees' retrospective claims time-barred and restricted by national legislation
— Whether legislation compatible with Community law
— Questions for reference to European Court of Justice
— Successive contracts of employment with same employer
— Whether “the employment” limited to specific contract
—
Equal Pay Act 1970 (c. 41), s. 2(4)(5) (as amended by Sex Discrimination Act 1975 (c. 65), s. 8(6), Sch. 1, Pt. I, para. 2 and modified by Occupational Pension Schemes (Equal Access to Membership) Regulations 1976 (S.I. 1976 No. 142), reg. 12(1))
—
E.C. Treaty, art. 119