EAT EQUAL PAY ACT: Part time pensions< br />Part-time pensions. NHS employee did not join a voluntary scheme for about 5.5 years after having become eligible to do so. Pre-hearing review. Claimant’s evidence that she did not join immediately as she was paying into a private pension and could not afford to do so; she would have been penalised if she had ceased contributing to the private pension. Tribunal proceeded on the basis of a presumption that the claimant would not have joined the NHS scheme when she became eligible to do so and asked whether the claimant would, on a balance of probabilities, have joined the NHS scheme when she became eligible to do so had she not been contributing to her private pension. Claim struck out. The EAT held that the Tribunal had not focussed on the right question. It required to ask whether, on a balance of probabilities the claimant would have joined the NHS scheme when she should first have been entitled to do so.
Citations:
[2008] UKEAT 0033 – 08 – 3110
Links:
Jurisdiction:
England and Wales
Employment, Discrimination
Updated: 13 August 2022; Ref: scu.279791
