Secretary of State for Health v Rance: EAT 4 May 2007

EAT Equal Pay Act – Part time pensions
Practice and Procedure – Appellate jurisdiction/Reasons/Burns-Barke
The EAT exercised its discretion to allow a point conceded at the Employment Tribunal to be reopened on appeal. The exceptional circumstances included the fact that the issue went to jurisdiction, these were four test cases representing 120 similar concessions in mass litigation affecting 11,000 NHS employees; the mistake was administrative not tactical, the Respondents applied in each case for a review to the Employment Tribunal, as well as appealing. There had been no first instance full hearing of the Claimants’ cases, the matter being handled according to national protocols, and no further investigation into the facts was required in order to do justice. The concessions were withdrawn and the appeals were allowed.
The law on new points in the EAT is summarised. Guidance is given to Employment Tribunals in handling the stayed cases.
HHJ McMullen QC
[2007] UKEAT 0060 – 06 – 0405, [2007] IRLR 665
Bailii
Equal Pay Act 1970 2 2ZA
Citing:
CitedPowerhouse 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 . .
CitedThacker, and Larthwell v Secretary of State for Education and Skills, Cambridge Regional College EAT 30-Mar-2005
EAT Equal Pay Act – Article 141 . .
CitedThacker and Larthwell v Secretary of State for Education and Skills Cambridge Regional College EAT 28-Nov-2005
EAT Equal Pay Act – Article 141. . .
CitedSodexho Ltd v Gibbons EAT 14-Jul-2005
EAT Deposit ordered. Order lost in post due to the Claimant putting wrong post-code on ET1. Review. Distinguishing Judgments from Orders. Strike-out. Extending time. . .
CitedSecuricor Omega Express Ltd v GMB (A Trade Union) EAT 7-Apr-2003
EAT The company decided to close two branches and make redundancies. They presented the closure itself as a fait accompli to the union representatives. The Tribunal found that this involved a failure to consult . .
CitedDr Thatcher v Middlesex University, Secretary of State for Education EAT 10-Jun-2005
EAT Equal Pay Act – Part-time worker’s pension. – The Employment Tribunal Chairman erred in concluding the claim was submitted out of time when a stable employment relationship had been established. The analysis . .

Cited by:
CitedSwallow Security Services Ltd v Millicent EAT 19-Mar-2009
EAT UNFAIR DISMISSAL: Contributory fault
The employers dismissed the employee after a bogus redundancy exercise, after she had knowingly taken paid holiday in excess of her holiday allowance and failed to . .
CitedEuro Hotels (Thornton Heath) Ltd v Alam EAT 20-Apr-2009
EAT PRACTICE AND PROCEDURE: Postponement or stay
PRACTICE AND PROCEDURE: Review
Employment Tribunal gave Judgment at a hearing in the absence of the Respondent. It held a review and refused to vary the . .
CitedWinder v Aston University and Another EAT 1-Aug-2007
EAT Equal Pay Act – Part time pensions
In deciding two cases in accordance with Preston v Wolverhampton NHS Trust (No 3) [2004] ICR 993 EAT, the Employment Tribunal did not err in holding that the Claimant . .
CitedHarris v NKL Automotive Ltd and Another EAT 3-Oct-2007
EAT Religion or Belief
Claimant brought a claim for direct and indirect discrimination on the grounds of his philosophical beliefs, and also victimisation discrimination. He was a Rastafarian and claimed . .
CitedMiller v Community Links Trust Ltd EAT 29-Oct-2007
Practice and Procedure – Appellate jurisdiction/Reasons/Burns-Barke
Time Limits – Reasonable practicability
The EAT refused to allow an application served today to amend the Notice of Appeal. Khuddados applied.
The Employment Tribunal . .
CitedBirmingham City Council and Another v Samuels EAT 24-Oct-2007
EAT Unfair dismissal – Procedural fairness/automatically unfair dismissal
Practice and Procedure – Appellate jurisdiction/Reasons/Burns-Barke
Race discrimination – Direct / Burden of proof / . .
CitedPepper v Lancashire County Council and others EAT 26-Nov-2007
EAT Equal Pay Act – Part time pensions
This is a part-time pensions case. The Chairman on the papers and on review failed to deal with the Claimant’s case that he had just cause for not entering the . .
CitedKingston Upon Hull City Council v Matuszowicz EAT 28-Jan-2008
EAT JURISDICTIONAL POINTS: Claim in time and effective date of termination
Having correctly held that three of the Claimant’s four DDA claims were out of time, parity of reasoning made the fourth out of time . .
CitedRadakovits v Abbey National Plc EAT 4-Feb-2008
EAT Jurisdictional Points
Extension of time: reasonably practicable
Extension of time: just and equitable
The Employment Tribunal was correct to require satisfaction that it had jurisdiction.
CitedHyde-Walsh v Ashby (T/A Anderson Stockley Accredited Training) EAT 15-Feb-2008
EAT Practice and Procedure
EAT decided that an Appellant cannot raise a cause of action on an appeal which was not raised before the Employment Tribunal because the Appellant did not realise that such a . .
CitedRitchie v Shawcor Inc and Another EAT 6-Mar-2008
EAT Practice and Procedure: Preliminary issues
Claim for unfair dismissal and for a protective award for failure to consult re: TUPE transfer in 2005. Neither Respondent was a UK company. Respondents’ case . .
CitedCumbria Probation Board v Collingwood EAT 28-May-2008
EAT DISABILITY DISCRIMINATION
Disability / Disability related discrimination / Reasonable adjustments
JURISDICTIONAL POINTS
>2002 Act and pre-action requirements
The date of disability is . .
CitedSlingsby v Griffith Smith Solicitors EAT 5-Aug-2008
EAT UNFAIR DISMISSAL
Reason for dismissal including substantial other reason
Reasonableness of dismissal
PRACTICE AND PROCEDURE
Delay in ET judgment
The Employment Tribunal found in . .
CitedDa Silva Junior v Composite Mouldings and Design Ltd EAT 18-Aug-2008
EAT JURISDICTIONAL POINTS: Continuity of employment
Company A dismissed the employee and went into creditors’ voluntary liquidation. Six weeks later, when the employee was absent due to a temporary . .
CitedHartlepool Borough Council and Another v Dolphin and others EAT 15-Sep-2008
eat EQUAL PAY ACT: Material factor defence and justification
An Employment Tribunal did not err when it found that bonus schemes created in the 1970s in order to improve productivity were a sham and could . .
CitedUCATT v Amicus and Others EAT 18-Nov-2008
EAT TRANSFER OF UNDERTAKINGS: Consultation and other information
TUPE 2006. (1) Whether Tribunal had erred in refusing to allow UCATT to amend its claim to add an allegation of failure to inform in . .
CitedUCATT v Amicus and others EAT 19-Nov-2008
EAT TRANSFER OF UNDERTAKINGS: Consultation and other information
TUPE 2006. (1) Whether Tribunal had erred in refusing to allow UCATT to amend its claim to add an allegation of failure to inform in . .
CitedChowles (T/A Granary Pine) v West EAT 8-Jan-2009
EAT PRACTICE AND PROCEDURE: Appearance/response, Service
A claim sent to Mr Anthony Charles with two errors in the address was not pursuant to Rule 2 ‘sent to the Respondent’ Mr Anthony Chowles. It is . .
CitedLucy and others v British Airways Plc EAT 13-Jan-2009
EAT UNLAWFUL DEDUCTION FROM WAGES
The 78 Claimants were cabin crew employed by BA at their Manchester base. In October 2006 BA closed that base; they did not dismiss the Claimants; but they did not roster . .
CitedChaplin v Howard Kennedy Solicitors EAT 20-Jan-2009
EAT UNFAIR DISMISSAL: Reasonableness of dismissal
Employee refusal to consent to disclosure of medical records for purpose of medical examination by OHS doctor. Whether dismissal fair. Employment Tribunal . .
CitedRemploy Ltd v Shaw EAT 16-Feb-2009
EAT JURISDICTIONAL POINTS
Extension of time: reasonably practicable
2002 Act and pre-action requirements
An Employment Tribunal is entitled to hold that it is not reasonably practicable for a . .
CitedZimmer Ltd v Brezan EAT 3-Apr-2009
EAT 1. The employee put forward travel expenses claims for journeys for the purposes of his work but in his own car. On investigation the employers concluded that the details were false and the total claims . .
CitedBowers v William Hill Organisation Ltd EAT 10-Jul-2009
EAT DISABILITY DISCRIMINATION
On a pre-hearing concession by the Respondent that the Claimant was disabled, it was not relevant to consider whether the Respondent knew the condition was likely to last 12 . .
CitedWells v St Edwards RC Primary School EAT 12-Aug-2009
PRACTICE AND PROCEDURE
Review
Appellate jurisdiction /reasons /Burns-Barke
There was no explanation on appeal for the Claimant’s out of time application for a review of the Employment Tribunal’s dismissal of her case when she did not . .
CitedNorth Cumbria University Hospitals NHS Trust v Fox and Others CA 30-Jun-2010
ncumbria_foxA10
The employer had altered existing employment contracts. The claimants having commenced discrimination claims then sought to add to the existing proceedings comparators from different job groups. The tribunal had been asked whether, given that this . .

These lists may be incomplete.
Updated: 03 February 2021; Ref: scu.251667