The Industrial Cases Reports
[2004] ICR 993
Employment Appeal Tribunal
Preston and others v Wolverhampton Healthcare NHS Trust and others (No 3)
Fletcher and others v Midland Bank plc (No 3)
2003 Nov 3,
4,
5,
7;
Dec 19
Dec 19
Judge McMullen QC
Discrimination
— Sex
— Equal pay
— Pension scheme
— Part-time employees' retrospective claims
— Part-time employees excluded from or having option to join scheme compulsory for full-time employees
— Whether breach of equality clause
— Effect of failure to inform part-time employees of removal of barrier to membership
— When series of contracts ceasing to be stable employment relationship
— Effect of transfer of undertaking on time for bringing claim
—
Equal Pay Act 1970, ss. 1(1)(2) (as substituted by Sex Discrimination Act 1975, s. 8(6), Sch. 1, Pt I, para 2, and modified by Occupational Pension Schemes (Equal Access to Membership) Regulations 1976 (SI 1976/142), reg 12(1)), 2(4)
—
Transfer of Undertakings (Protection of Employment) Regulations 1981 (SI 1981/1794), regs 5, 7