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Firms likely to face claims for sizeable back payments

This report relates to 3 case(s)

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    Levez v TH Jennings (Harlow Pools) Ltd [1996] IRLR 499 EAT (3 other reports)

    • In court 1999

      Date:
      1 January 2000

      Our 10th annual round-up of court and tribunal cases concerning pensions and retirement issues encompasses 38 judgments. Last year saw some important decisions, but fewer cases overall than in recent years.

    • Equal pay: Legality of backdated compensation limit referred to European Court of Justice

      Date:
      1 September 1996

      In Levez v TH Jennings (Harlow Pools) Ltd, the EAT decides, by a majority, to refer a question to the European Court of Justice on whether the provision in the Equal Pay Act 1970 which permits an award of arrears of remuneration or damages only in respect of the two-year period prior to the issue of the claim is contrary to Community law.

    • Equal pay damages limit referred to ECJ

      Date:
      1 September 1996

      In Levez v TH Jennings (Harlow Pools) Ltd (24 June 1996) EOR69D, the EAT asks the European Court of Justice whether the two-year retrospective limit on damages under the Equal Pay Act accords with European Community law.

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    Levez v TH Jennings (Harlow Pools) Ltd [1999] IRLR 36 ECJ (2 other reports)

    • Equal pay: Two-year limit on backdated compensation disapplied

      Date:
      1 January 1999

      European Community law precludes the application of the Equal Pay Act's limitation on an employee's entitlement to arrears of remuneration or damages to the two-year period prior to the date on which the proceedings are instituted, there being no possibility of extending that period, where the delay in bringing a claim is attributable to the fact that the employer deliberately misrepresented to the employee the level of remuneration received by persons of the opposite sex performing like work, rules the European Court of Justice in Levez v TH Jennings (Harlow Pools) Ltd.

    • Equal pay limit threatened

      Date:
      1 January 1999

      In Levez v TH Jennings (Harlow Pools) Ltd (1 December 1998) EOR83C, the European Court of Justice casts doubt on the lawfulness of the two-year limit on arrears of remuneration in s.2(5) of the Equal Pay Act 1970

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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.

    • 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.

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

      Date:
      1 March 2001

      In Preston and others v Wolverhampton Healthcare NHS Trust and others (No.2) and Fletcher and others v Midland Bank plc (No.2) 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.

    • 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.

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. By Makbool Javid, Employment partner at DLA.