EAT Equal Pay Act – European law; Article 141
Part-time pensions case. The Appellant was an employee who did not join a voluntary scheme for some eight years after having become eligible to do so. She initially claimed that this was because she had taken out a private pension, but that was rejected on the evidence. The Appellant alleged that the Tribunal had failed to ask the fundamental question whether she would have joined earlier had she been eligible, and contended that there was evidence that she would have done so, notwithstanding her failure to do so later. Instead the Tribunal had simply focused on whether her reason for not joining later was the fact that she had a private pension. The EAT agreed that the Tribunal had not focused on the right question and remitted the case for further consideration. Paragraph 7.2 of Part Time Worker Pension Cases Information Bulletin Number 9 considered.
Judges:
Elias J P
Citations:
[2006] UKEAT 0196 – 06 – 1907, UKEAT/0196/06
Links:
Jurisdiction:
England and Wales
Employment
Updated: 14 June 2022; Ref: scu.244047