Slack & Ors v Cumbria County Council & Anor

Slack & Ors v Cumbria County Council & Anor

Where there is a succession of contracts without a break for substantially the same work, a stable employment relationship exists and the six-month limitation period for equal pay claims runs from the end of the last contract. The express terms of new contracts are determinative unless the facts establish a stable employment relationship. The claims of Mrs Slack and Mrs Elliott were in time as their contracts formed part of a stable employment relationship. Mrs Athersmith's case requires further fact-finding to determine if a stable employment relationship existed.

Parties
Appellants: Joyce Slack & Ors; Respondent: Cumbria County Council; Intervener: Equality and Human Rights Commission
Jurisdiction
England and Wales
Judgment Date
03 April 2009
Procedural Posture
Appeal From Employment Appeal Tribunal / Court of Appeal Judgment
Outcome
Appeals allowed
Legal Topics
Equal Pay, Limitation Periods, Stable Employment Relationship, Contract Variation and Termination, Interpretation of Equal Pay Act 1970, Effectiveness and Equivalence Under EC Law
Employment Law Equality Law European Union Law Equal Pay Limitation Periods Stable Employment Relationship Contract Variation and Termination Interpretation of Equal Pay Act 1970 +1 more

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Parties

Joyce Slack & Ors

Appellants

Cumbria County Council

Respondent

Equality and Human Rights Commission

Intervener

Procedural Posture

Appeal From Employment Appeal Tribunal / Court of Appeal Judgment

Legal Issues

  1. 1 When does the six-month limitation period for instituting equal pay proceedings begin to run in cases involving successive contracts of employment?
  2. 2 Does the issuance of a new contract after a variation in terms amount to termination and commencement of a new contract or a variation of an existing contract?
  3. 3 Does a stable employment relationship exist in cases of successive contracts without a break, and how does this affect the limitation period?

Ratio Decidendi

Where there is a succession of contracts without a break for substantially the same work, a stable employment relationship exists and the six-month limitation period for equal pay claims runs from the end of the last contract. The express terms of new contracts are determinative unless the facts establish a stable employment relationship. The claims of Mrs Slack and Mrs Elliott were in time as their contracts formed part of a stable employment relationship. Mrs Athersmith's case requires further fact-finding to determine if a stable employment relationship existed.

Court Disposition

Appeals allowed

Orders

  • Decision of the Employment Tribunal reinstated for Mrs Slack and Mrs Elliott; their claims were in time.
  • Mrs Athersmith's appeal allowed; her case remitted to the Employment Tribunal to determine if a stable employment relationship existed.