Gutridge & Ors v Sodexo & Anor [2009] EWCA Civ 729 (14 July 2009)

Gutridge & Ors v Sodexo & Anor [2009] EWCA Civ 729 (14 July 2009)

The right to equal pay, once crystallised, is preserved and transferred to the transferee under TUPE. The limitation period for bringing an equal pay claim runs from the end of employment with the transferee, not the transferor, where the liability has transferred. Therefore, claims for both pre- and post-transfer...

Source-derived case information.

Citation
[2009] EWCA Civ 729
Parties
Appellant: E A Gutridge & Ors; 1st Respondent: Sodexo; 2nd Respondent: North Tees & Hartlepool NHS Trust
Jurisdiction
England and Wales
Judgment Date
14 July 2009
Procedural Posture
Appeal From Employment Appeal Tribunal / Court of Appeal (civil Division)
Outcome
Appeal allowed; cross-appeal dismissed (majority decision).
Legal Topics
Equal Pay, TUPE (transfer of Undertakings), Limitation Periods, Sex Discrimination
Employment Law Labour Law Equality Law Equal Pay TUPE (transfer of Undertakings) Limitation Periods Sex Discrimination

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Parties

E A Gutridge & Ors

Appellant

Sodexo

1st Respondent

North Tees & Hartlepool NHS Trust

2nd Respondent

Procedural Posture

Appeal From Employment Appeal Tribunal / Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether the right to equal pay under the Equal Pay Act 1970 survives a TUPE transfer and is enforceable against the transferee employer.
  2. 2 Whether claims for arrears of pay relating to the pre-transfer period are time-barred if not brought within six months of the transfer.
  3. 3 Whether the limitation period for equal pay claims runs from the end of employment with the transferor or the transferee.

Ratio Decidendi

The right to equal pay, once crystallised, is preserved and transferred to the transferee under TUPE. The limitation period for bringing an equal pay claim runs from the end of employment with the transferee, not the transferor, where the liability has transferred. Therefore, claims for both pre- and post-transfer arrears can be brought against the transferee within six months of the end of employment with the transferee.

Court Disposition

Appeal allowed; cross-appeal dismissed (majority decision).

Orders

  • Claimants entitled to pursue claims for arrears of pay for both pre- and post-transfer periods against Sodexo, provided claims are brought within six months of the end of employment with Sodexo.