Fletcher & Ors v NHS Pensions Agency/Student Grants Unit & Anor [2006] EWCA Civ 517 (29 March 2006)

Fletcher & Ors v NHS Pensions Agency/Student Grants Unit & Anor [2006] EWCA Civ 517 (29 March 2006)

The appeal is dismissed as academic because the underlying claims have been settled, the Secretary of State has introduced a new maternity bursary scheme, and there is no longer a live dispute; the Court of Appeal declines to rule on the substantive discrimination issue.

Citation
[2006] EWCA Civ 517
Parties
Claimant/respondent: Clare Fletcher; Claimant/respondent: Tracey Parkes; Claimant/respondent: Shelley Wilkinson; Defendant/appellant: NHS Pensions Agency/Student Grants Unit; Defendant/appellant: The Secretary of State for Health
Jurisdiction
England and Wales
Judgment Date
29 March 2006
Procedural Posture
Appeal From Employment Appeal Tribunal / Appeal Judgment in Court of Appeal
Outcome
Appeal dismissed as academic; no ruling on substantive discrimination issue.
Legal Topics
Sex Discrimination, Maternity Rights, Vocational Training, Judicial Discretion, Academic Appeals
Employment Law Discrimination Law Public Law Sex Discrimination Maternity Rights Vocational Training Judicial Discretion Academic Appeals

Case Brief

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Parties

Clare Fletcher

Claimant/respondent

Tracey Parkes

Claimant/respondent

Shelley Wilkinson

Claimant/respondent

NHS Pensions Agency/Student Grants Unit

Defendant/appellant

The Secretary of State for Health

Defendant/appellant

Procedural Posture

Appeal From Employment Appeal Tribunal / Appeal Judgment in Court of Appeal

Legal Issues

  1. 1 Whether the cessation of bursary payments to vocational trainees during maternity constitutes sex discrimination under section 14 of the Sex Discrimination Act 1975
  2. 2 Whether the appeal should proceed when the underlying claims have been settled and the issue is now academic

Ratio Decidendi

The appeal is dismissed as academic because the underlying claims have been settled, the Secretary of State has introduced a new maternity bursary scheme, and there is no longer a live dispute; the Court of Appeal declines to rule on the substantive discrimination issue.

Court Disposition

Appeal dismissed as academic; no ruling on substantive discrimination issue.

Orders

  • Appeal dismissed