Source: Equal Opportunities Review Issue: 69 Date: 01-09-1996 Publisher: IRS

Limitations applied to pension claims

TOPICS:
pay and benefits pensions
terms, conditions and employee rights working patterns
equal opportunities sex
international European Union

CASES: below is a list of cases discussed in this article. Click the case title for more XpertHR resources on the case and related cases.

Preston and others v (1) Wolverhampton Healthcare NHS Trust (2) Secretary of State for Health and others [1996] IRLR 484 EAT (3 reports)


In Preston and others v Wolverhampton Healthcare NHS Trust and others (24 June 1996) EOR69C, the EAT rules that claims by part-time workers seeking retrospective access to occupational pension schemes are subject to the six-month time limit on presenting complaints and the two-year limit on arrears of damages.

The issues

This was the appeal in the group of test cases on the claims of over 40,000 part-time workers who have submitted industrial tribunal applications complaining that they were unlawfully excluded from occupational pension schemes because membership of the scheme was dependent upon an employee working a minimum number of hours each week.

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