Preston v Wolverhampton Healthcare NHS Trust

Subject Matter

DISCRIMINATION — Sex — Equal pay — 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, s 2(4)(5) (as amended by Sex Discrimination Act 1975, s 8(6), Sch 1 Pt 1, para 2 and modified by Occupational Pension Schemes (Equal Access to Membership) Regulations 1976, reg 12(1)) — EC Treaty, art 119

[1997] ICR 899, CA

[1998] 1 WLR 280; [1998] ICR 227; [1998] 1 All ER 528, HL(E)

DISCRIMINATION — Sex — Equal pay — Part-time employees' retrospective claims time-barred and restricted by national legislation — Whether legislation compatible with Community law — Principles of effectiveness and equivalence — Equal Pay Act 1970, s 2(4)(5) (as amended 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, reg 12(1)) — EC Treaty, art 119

(Case C-78/98); EU:C:2000:247; [2001] 2 AC 415; [2001] 2 WLR 408; [2000] ICR 961, ECJ

Appellate History