Andrews v Kings College NHS Foundation Trust and Another: EAT 12 Mar 2014

EAT Practice and Procedure : Appellate Jurisdiction or Reasons or Burns-Barke – The Claimant worked as a part-time nurse from 1982 to 2010. She claimed that she was entitled to pension rights or compensation for the lack of those rights in respect of 3 periods, 1982 to 1988, 1988 to 1991 and 1991 to 2010.
Her claim for the first period had already been dealt with. The Employment Tribunal found in her favour as to the second period and made a declaration. Her appeal based on the inadequacy of the declaration made by the ET as to her rights in respect of that period was resolved by agreement, on the basis of an explanation by the EAT, at paras 11 to 13 of the judgment, of the meaning and effect of the ET’s declaration.
For the third period, the Claimant claimed compensation for breach by the employers of the implied term, derived from Scally (1991 IRLR 525), that they should take reasonable steps to draw her attention to her entitlement under the NHS pension scheme. The issue was whether such reasonable steps had been taken; the Tribunal resolved that issue in favour of the employers.
Held on appeal that the Tribunal had reached a factual decision on the question of the reasonableness of the steps taken by the employers to inform their staff of their pension rights which was open to them and which was not perverse. Their reference to the sending of information by leaflet to all staff was intended as a statement that it was sent to both part-time and full-time staff and not that it was successfully sent to each and everyone of the 500 plus staff; the Tribunal had not lost sight of the undisputed evidence that a very small (about 15) number of part-time staff had complained that they had not received the leaflet. No error of law was made out.

Jeffrey Burke QC
[2014] UKEAT 0304 – 13 – 1203
England and Wales
CitedScally v Southern Health and Social Services Board HL 1991
The plaintiffs were junior doctors employed by the respondents. Their terms had been collectively negotiated, and incorporated the Regulations. During the period of their employment different regulations had given and then taken way their right to . .

Lists of cited by and citing cases may be incomplete.


Updated: 01 December 2021; Ref: scu.522641