donnelly_nhsgg
EAT Equal Pay Act : Damages or Compensation – Equal Pay. Jurisdiction. Statutory limitation.
Claimants alleged that their previous NHS Trust employers breached their rights under the Equal Pay Act 1970. Trusts dissolved and their liabilities under or in connection with the Claimants’ contracts of employment transferred to the respondents by Staff Transfer Orders (under paragraph 26 of Sch 7A to the National Health Service (Scotland) Act 1978). Not a TUPE transfer. Whether claims required to be presented within six months of date of dissolution. On appeal, held that the Tribunal had not erred in finding that time started running from that date.
Separately, lack of consultation with a Claimant was held, on appeal, not to demonstrate that the six month time limit contravened the EU principle of effectiveness. The matter was clear and there was no basis for a reference to the ECJ.
Lady Smith
[2012] UKEAT 0008 – 12 – 1508
Bailii
Equal Pay Act 1970
England and Wales
Employment, Discrimination, Damages, Scotland
Updated: 02 November 2021; Ref: scu.464952