Transfer of undertakings: Limitations on part-timers' pension claims compatible with EC law
This report relates to 2 case(s)
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Fletcher and others v Midland Bank plc [1997] IRLR 233 CA (0 other reports)
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Preston and others v (1) Wolverhampton Healthcare NHS Trust (2) Secretary of State for Health and others [1997] IRLR 233 CA (1 other report)
The six-month time limit for bringing claims under the Equal Pay Act 1970, and the two-year limitation on the retrospective recovery of compensation under that Act, are compatible with the Community law right of part-time workers not to suffer indirect sex discrimination in relation to the grant of access to an occupational pension scheme, holds the Court of Appeal in Preston and others v Wolverhampton Healthcare Trust and another and Fletcher and others v Midland Bank plc [1997] IRLR 233. They do not give inferior treatment to that right by comparison with equivalent rights arising under domestic law, and nor do they make it impossible in practice to enforce that right.
