This is a preview. To continue reading please log in or Register to read this article

Equal pay: Questions on part-timers' pension rights referred to ECJ

This report relates to 1 case(s)

  • expand disabled

    Preston and others v Wolverhampton Healthcare NHS Trust and others [1998] IRLR 197 HL (0 other reports)

In Preston and others v Wolverhampton Healthcare NHS Trust and others and Fletcher and others v Midland Bank plc 5.2.98 House of Lords - the test cases involving equal pay claims by part-time workers who have been refused access to occupational pension scheme membership - the House of Lords decides that it is necessary to refer a series of questions to the European Court of Justice concerning the time limit under the Equal Pay Act requiring such claims to be brought within six months of termination of employment, and the Act's two-year limitation on the retrospective recovery of compensation. The ECJ is asked to rule on whether those provisions are compatible with Community law principles that national procedural rules must not make it impossible or excessively difficult in practice for claimants to exercise their rights under Article 119 of the Treaty of Rome, and must not be less favourable than those applicable to similar domestic claims.