Source: Industrial Relations Law Bulletin Issue: 566 Date: 01-04-1997 Publisher: IRS

Transfer of undertakings: Limitations on part-timers' pension claims compatible with EC law

TOPICS:
pay and benefits pay levels and awards

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.

Fletcher and others v Midland Bank plc [1997] IRLR 233 CA (2 reports)
Preston and others v (1) Wolverhampton Healthcare NHS Trust (2) Secretary of State for Health and others [1997] IRLR 233 CA (3 reports)


The six-month time limit for bringing claims under the Equal Pay Act 1970, and the two-year limitation on the retrospective recovery of compensation under that Act, are compatible with the Community law right of part-time workers not to suffer indirect sex discrimination in relation to the grant of access to an occupational pension scheme, holds the Court of Appeal in Preston and others v Wolverhampton Healthcare Trust and another and Fletcher and others v Midland Bank plc1. They do not give inferior treatment to that right by comparison with equivalent rights arising under domestic law, and nor do they make it impossible in practice to enforce that right.

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