Dr Thatcher v Middlesex University, Secretary of State for Education: EAT 10 Jun 2005

EAT Equal Pay Act – Part-time worker’s pension. – The Employment Tribunal Chairman erred in concluding the claim was submitted out of time when a stable employment relationship had been established. The analysis of the contractual differences alone was inaccurate, and this failure to consider and apply unchallenged evidence was an error.
McMullen J said that: ‘a stable employment relationship ceases where the terms of the new contract or (and I emphasise the word ‘or’) the work done under it radically differs.’

Judges:

His Honour Judge McMullen QC

Citations:

UKEAT/0134/05, [2005] UKEAT 0134 – 05 – 1006, [2005] All ER(D) 82

Links:

Bailii, EATn

Statutes:

Equal Pay Act 1970 2 2ZA

Cited by:

CitedSecretary of State for Health v Rance EAT 4-May-2007
EAT Equal Pay Act – Part time pensions
Practice and Procedure – Appellate jurisdiction/Reasons/Burns-Barke
The EAT exercised its discretion to allow a point conceded at the Employment Tribunal to be . .
CitedNorth Cumbria University Hospitals NHS Trust v Fox and Others CA 30-Jun-2010
The employer had altered existing employment contracts. The claimants having commenced discrimination claims then sought to add to the existing proceedings comparators from different job groups. The tribunal had been asked whether, given that this . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 01 July 2022; Ref: scu.228617