Preston and Others v Wolverhampton Healthcare NHS and Others; Fletcher and Others v Midland Bank Plc: HL 26 Feb 1998

‘Employment’ in context of a sex discrimination claim referred to a current employment contract even in context of there having been a series of repeated contracts of employment. The question was referred to the European Court of Justice.
Lord Slynn of Hadley, Lord Goff of Chieveley Lord Nolan Lord Hope of Craighead Lord Clyde
Times 09-Feb-1998, Gazette 26-Feb-1998, [1998] UKHL 6, [1998] 1 All ER 528, [1998] 1 WLR 280, [1998] ICR 227
House of Lords, Bailii
Equal Pay Act 1970 2(4), Occupational Pension Schemes (Equal Access to Membership) Regulations 1976 (1976 No 142) 12
England and Wales
Appeal fromPreston and others v Wolverhampton Healthcare Trust Secretary of State for Health CA 13-Feb-1997
. .
[1997] EWCA Civ 1013
CitedBarber v Guardian Royal Exchange Assurance Group ECJ 17-May-1990
Europa The benefits paid by an employer to a worker on the latter’s redundancy constitute a form of pay to which the worker is entitled in respect of his employment, which is paid to him upon termination of the . .
(1990) ICR 616, C-262/88, [1990] ECR I-1889, [1991] 1 QB 344, R-262/88, [1990] EUECJ R-262/88
CitedDefrenne v Sabena (No 2) ECJ 8-Apr-1976
ECJ The principle that men and women should receive equal pay, which is laid down by article 119, is one of the foundations of the community. It may be relied on before the national courts. These courts have a . .
C-43/75, [1976] ICR 547, [1981] 1 All ER 122, R-43/75, [1976] EUECJ R-43/75, [1976] ECR 455, [1976] EUECJ C-43/75
CitedFisscher v Voorhuis Hengelo and Stichting Bedrijfspensioenfonds voor de Detailhandel ECJ 28-Sep-1994
Europa The right to join an occupational pension scheme, the rules of which were not laid down directly by law but were the result of negotiation between both sides of the industry concerned and all that the . .
C-128/93, [1994] ECR I-4583, [1994] EUECJ C-128/93, [1995] ICR 635
CitedRewe Zentralfinanz v Landwirtschaftskammer Westphalen-Lippe ECJ 11-Oct-1973
ECJ Customs duties – charges having an effect equivalent to – meaning – phyto-sanitary examination – charges – imposition – prohibition (EEC Treaty, article 13 (2)) Pecuniary charges, whatever their amount, . .
C-39/73, [1976] ECR 1989
CitedMarshall v Southampton and South West Hampshire Area Health Authority (No 2) ECJ 2-Aug-1993
The UK law limiting awards of damages in sex discrimination cases is unlawful, and fails to implement European directive fully. Financial compensation must be at a level adequate to achieve equality between the workers identified. . .
Independent 04-Aug-93, Times 04-Aug-93, C-271/91, [1993] ECR 1-4367, [1993] EUECJ C-271/91, [1994] QB 126
CitedLevez v T H Jennings (Harlow Pools) Ltd ECJ 1-Dec-1998
Regulations debarred a claim after a certain time even where the delay had been because of a deliberate concealment of information by an employer.
Held: Availability of other means of redress was not sufficient to displace this rule.
Times 10-Dec-98, C-326/96, [1999] All ER (EC) 1, [1998] EUECJ C-326/96, [1999] CEC 3, [1998] ECR I-7835, [1999] 2 CMLR 363, [1999] ICR 521, [1999] IRLR 36
CitedEmmott v Minister for Social Welfare and Attorney General ECJ 25-Jul-1991
Europa So long as a directive has not been properly transposed into national law, individuals are unable to ascertain the full extent of their rights. That state of uncertainty for individuals subsists even after . .
C-208/90, [1991] ECR I-4269, [1991] EUECJ C-208/90
CitedMagorrian and Cunningham v Eastern Health and Social Services Board and Department of Health and Social Services ECJ 11-Dec-1997
Pension entitlements for part time workers discriminated against were to be re-calculated to allow for wrongful treatment since 1976
Europa Reference for a preliminary ruling: Office of the Industrial . .
Times 22-Dec-97, C-246/96, [1997] EUECJ C-246/96

Cited by:
CitedAmica v Rhone-Poulenc Chemicals Ltd CA 28-Nov-2003
Applications for permission to appeal. . .
[2003] EWCA Civ 1798
Reference FromPreston and Others v Wolverhampton Healthcare NHS Trust and Others; Fletcher and Others v Midland Bank plc ECJ 16-May-2000
ECJ Social policy – Men and women – Equal pay – Membership of an occupational pension scheme – Part-time workers – Exclusion – National procedural rules – Principle of effectiveness – Principle of equivalence. . .
[2001] 2 AC 415, C-78/98, [2000] IRLR 06, [2000] EUECJ C-78/98
See AlsoPreston and Others v Wolverhampton Healthcare NHS Trust and Others, Fletcher and Others v Midland Bank Plc (No 2) HL 8-Feb-2001
Part-time workers claimed that they had been unlawfully excluded from occupational pension schemes because membership was dependent on an employee working a minimum number of hours per week and that that was discriminatory because a considerably . .
Gazette 08-Mar-01, Times 09-Feb-01, [2001] UKHL 5, [2001] 2 WLR 448, [2001] ICR 217, [2001] Emp LR 256, [2001] 3 All ER 947, [2001] 2 AC 455, [2001] IRLR 237, [2001] Pens LR 39, [2001] OPLR 1, [2001] 1 CMLR 46
See AlsoPowerhouse 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 . .
[2006] UKHL 13, Times 13-Mar-06, [2006] 3 All ER 193, [2006] IRLR 381, [2006] ICR 606, [2006] Pens LR 113, [2007] 2 CMLR 38
CitedUnison v Allen and others EAT 26-Jul-2007
EAT Equal pay Act – Out of time
The claimants before the Employment Tribunal alleged that when they were employed by NUPE, that union had breached their rights under the Equal Pay Act in connection with . .
[2007] UKEAT 0056 – 07 – 2607, [2008] ICR 114, [2007] IRLR 975, [2007] Pens LR 335

These lists may be incomplete.
Updated: 18 December 2020; Ref: scu.85026