The employees appealed against dismissal of their equal pay claims. They said that having been transferred under a TUPE arrangement, and now having to claim against the new employer, they argued that the six months time limit started from the time of the transfer.
Held: The appeal failed. The TUPE regulations would not put an employee in a better position than before the transfer. They did not affect the rights under the 1970 Act. (Smith LJ dissenting)
Judges:
Lord Justice Pill, Lady Justice Smith and Lord Justice Wall
Citations:
[2009] EWCA Civ 729, Times 06-Oct-2009, [2009] IRLR 721, [2009] ICR 1486
Links:
Statutes:
Equal Pay Act 1970, Equal Pay Amendment Regulations 1983 (SI 1983 No 1794), Equal Pay Act 1970 (Amendment) Regulations 2003 (SI 2003 No 1656), Transfer of Undertakings (Protection of Employment) Regulations 1981 (SI 1981 No 1794)
Jurisdiction:
England and Wales
Citing:
Appeal from – Sodexo Ltd v Gutridge and others EAT 31-Jul-2008
EAT EQUAL PAY ACT
JURISDICTIONAL POINTS: Claim in time and effective date of termination
The claimants alleged that their employer had been in breach of their rights under the Equal Pay Act 1970. They . .
Cited – Powerhouse Retail Ltd and others v Burroughs and others; Preston and others v Wolverhampton Healthcare NHS Trust and others (No 3) HL 8-Mar-2006
The appellants said they had been had been discriminated against on the grounds of their sex by the TUPE Regulations. Their discrimination cases had been dismissed as out of time.
Held: The employees’ appeals were dismissed: ‘A statute cannot . .
Cited by:
Cited – Abdulla and Others v Birmingham City Council QBD 17-Dec-2010
The defendant applied for an order declaring that the claim would better be brought in an employment tribunal and that accordingly the County court should decline jurisdiction.
Held: The application was dismissed: ‘ I reject the submission by . .
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination
Updated: 30 July 2022; Ref: scu.347702
