Preston v Wolverhampton Healthcare NHS Trust (No 3)

Additional names

Bartlett v Midlands Electricity plc
Powerhouse Retail Ltd v Burroughs
Bunyan v Hereford and Worcester County Council
Cockrill v Wolverhampton Metropolitan Borough Council
Kilburn v Lancashire County Council
Secretary of State for Health v Tyrell
Seeboard Retail plc v Croucher
Fletcher v Midland Bank plc (No 3)
Fletcher v Midland Bank plc

Subject Matter

DISCRIMINATION — Sex — Equal pay — 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 — Whether time running from end of last contract — Equal Pay Act 1970, s 2(4) (as amended by Sex Discrimination Act 1975, s 8(6), Sch 1, Pt I, para 2) — Transfer of Undertakings (Protection of Employment) Regulations 1981, regs 5, 7

[2004] ICR 993; [2004] IRLR 96, EAT

DISCRIMINATION — Sex — Equal pay — Part-time employees' retrospective claims — Part-time employees excluded from having option to join scheme compulsory for full-time employees — Effect of transfer of undertaking on time for bringing claim — Whether time running from end of employment with transferee — Equal Pay Act 1970, s 2(4) (as amended by Sex Discrimination Act 1975, s 8(6), Sch 1, Pt I, para 2) — Transfer of Undertakings (Protection of Employment) Regulations 1981, reg 5

[2006] UKHL 13; [2006] ICR 606; [2006] 3 All ER 193; [2007] 2 CMLR 38; [2006] IRLR 381; The Times, 13 March 2006, HL(E)

Appellate History

Preston v Wolverhampton Healthcare NHS Trust (No 3) [2004] ICR 993; [2004] IRLR 96, EAT

Decision of the Employment Appeal Tribunal reversed in part

Preston v Wolverhampton Healthcare NHS Trust (No 3) [2004] EWCA Civ 1281; [2005] ICR 222; [2004] IRLR 979; The Times, 27 October 2004; The Independent, 14 October 2004, CA

Preston v Wolverhampton Healthcare NHS Trust (No 3) [2004] EWCA Civ 1281; [2005] ICR 222; [2004] IRLR 979; The Times, 27 October 2004; The Independent, 14 October 2004, CA

Decision of the Court of Appeal affirmed

Preston v Wolverhampton Healthcare NHS Trust (No 3) [2006] UKHL 13; [2006] ICR 606; [2006] 3 All ER 193; [2007] 2 CMLR 38; [2006] IRLR 381; The Times, 13 March 2006, HL(E)

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