EAT Equal Pay Act : Article 141/European Law
JURISDICTIONAL POINTS – Claim in time and effective date of termination
The Employment Judge erred in directing himself in deciding whether there was a ‘stable employment relationship’ during a relevant period. He erroneously took into account features of continuity of employment within the meaning of the Employment Rights Act 1996: whether there was a full-time contract, an ‘umbrella’ contract or a ‘temporary cessation of work’ during the relevant period. This approach was contrary to the judgments of the CJEU and the House of Lords in Preston v Wolverhampton Healthcare NHS Trust [2000] IRLR 506 and [2001] IRLR 96 which made it clear ‘stable employment relationship’ has an autonomous meaning. The Employment Judge failed to take into account the consequential amendment made to the Equal Pay Act 1970 by Section 2ZA and subsequent decisions of the Court of Appeal, Slack and others v Cumbria County Council and others [2009] IRLR 463 and North Cumbria University NHS Hospitals Trust v Fox [2010] IRLR 804. A necessary feature of stable employment is that there a succession of contracts concluded at regular intervals. Time starts running when the periodicity of those contracts has been broken. Decision that there was no stable employment relationship between the parties in the relevant period set aside.
Slade J
[2014] UKEAT 0108 – 12 – 2711
Bailii
England and Wales
Employment, Discrimination
Updated: 24 December 2021; Ref: scu.539351
