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Equal pay: Six-month time limit is compatible with Community law

This report relates to 1 case(s)

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    Preston and others v Wolverhampton Healthcare NHS Trust and others (No.2) [2001] IRLR 237 HL (5 other reports)

    • Equal pay: case law update

      Date:
      2 March 2007

      This article looks at some of the significant judgments in the area of equal pay over the past year and their implications.

    • Equal value update

      Date:
      1 May 2003

      Kate Godwin charts the recent developments on equal pay and reports on key equal value cases.

    • Firms likely to face claims for sizeable back payments

      Date:
      21 January 2003

      Government consultation setting a six-year limit for equal pay compensation does not go far enough and is likely to be challenged by the European Court of Justice.

    • Two-year limit on pension claims invalid

      Date:
      1 June 2001

      In Preston and others v Wolverhampton Healthcare NHS Trust and others (No.2) the House of Lords has ruled that an employer cannot rely on the two-year limit in s.2(5) of the Equal Pay Act to prevent an applicant from retroactively gaining membership of an occupational pension scheme.

    • Part-timers win retroactive pension rights

      Date:
      1 March 2001

      In Preston and others v Wolverhampton Healthcare NHS Trust and others (No.2) (8 February 2001), the House of Lords rules that an employer cannot rely on the two-year limit in s.2(5) of the Equal Pay Act to prevent an applicant from retroactively gaining membership of an occupational pension scheme. Part-time workers who were discriminated against in respect of access to a pension scheme can claim membership in respect of a period of employment back to 8 April 1976 or to the date of commencement of employment, whichever is the later, so long as relevant pension contributions are paid by the employer.

In Preston and others v Wolverhampton Healthcare NHS Trust and others (No.2) and Fletcher and others v Midland Bank plc (No.2) 1 8.2.01 House of Lords, the House of Lords holds that the six-month limitation period laid down in s.2(4) of the Equal Pay Act 1970 does not breach the principle of equivalence. Even if an action for breach of contract may provide a sufficiently similar comparison to a claim under s.2(4) of the 1970 Act, the rules of procedure for such a claim are no less favourable than those which would apply to a breach of contract claim where part-time workers claimed to have been unlawfully excluded from membership of their employer's pension scheme.