In North Cumbria University Hospitals NHS Trust v Fox and others sub nom Potter and others v North Cumbria Acute Hospitals NHS Trust and others (No.2)  IRLR 804 CA, the Court of Appeal held that those parts of the claimants' equal pay claims that pre-dated significant changes to contractual terms were not out of time. Irrespective of the changes to contractual terms that had occurred, it was plain that there had been a "stable employment relationship" throughout for the purposes of s.2ZA of the Equal Pay Act 1970.
The Court of Appeal has reaffirmed that a "stable employment relationship" equal pay case can arise where there is a succession of consecutive contracts, and held that the word "employment" in that phrase refers to the nature of the work, rather than the terms under which it is carried out.
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