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Equal pay/TUPE: Hospitals in same trust not in same 'establishment'

This report relates to 1 case(s)

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    Armstrong and others v Newcastle Upon Tyne NHS Hospital Trust [2004] All ER (D) 239 (Nov) EAT (0 other reports)

Key points

In Armstrong and others v Newcastle upon Tyne NHS Hospital Trust, the EAT holds:

  • Female hospital ancillary staff who worked for different NHS trusts after the break up of a district health authority in 1991 could not rely on being in the "same employment" or on "common terms and conditions" of employment for the purposes of s.1(6) of the Equal Pay Act 1970 in an equal pay claim even though some of the NHS trusts had later re-amalgamated.
  • Neither s.1(6) of the Equal Pay Act 1970 nor art.