Fletcher & Ors v NHS Pensions Agency/Student Grants Unit & Anor

Fletcher & Ors v NHS Pensions Agency/Student Grants Unit & Anor

The appeal was dismissed on the ground that, following settlement and the introduction of a new maternity scheme, the dispute was academic and there was no good reason in the public interest to proceed. The court exercised its discretion not to hear the appeal, without expressing a view on the correctness of the EAT's reasoning.

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
Civil Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal dismissed as academic; no determination on the merits of the EAT decision.
Legal Topics
Sex Discrimination, Maternity Rights, Vocational Training, Public Law Appeals
Employment Law Discrimination Law Administrative Law Sex Discrimination Maternity Rights Vocational Training Public Law 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

Civil Appeal / Appeal From Employment Appeal Tribunal to 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 after settlement of the claims, given the academic nature of the dispute

Ratio Decidendi

The appeal was dismissed on the ground that, following settlement and the introduction of a new maternity scheme, the dispute was academic and there was no good reason in the public interest to proceed. The court exercised its discretion not to hear the appeal, without expressing a view on the correctness of the EAT's reasoning.

Court Disposition

Appeal dismissed as academic; no determination on the merits of the EAT decision.

Orders

  • Appeal dismissed
  • No order as to the merits of the EAT decision