Gutridge & Ors v Sodexo & Anor

Gutridge & Ors v Sodexo & Anor

Claims for pre-transfer arrears under an equality clause must be brought within six months of the TUPE transfer, as the employment to which the claim relates is with the transferor; TUPE does not extend the limitation period. Claims for post-transfer arrears relate to employment with the transferee and are not time-barred until six months after termination of employment with the transferee.

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
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed; cross-appeal dismissed.
Legal Topics
Equal Pay, TUPE Transfers, Limitation of Actions, Contractual Rights, Statutory Interpretation
Employment Law Equality Law Equal Pay TUPE Transfers Limitation of Actions Contractual Rights Statutory Interpretation

Case Brief

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Parties

E A Gutridge & Ors

Appellant

Sodexo

1st Respondent

North Tees & Hartlepool NHS Trust

2nd Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether claimants' right to enhanced pay survives TUPE transfer
  2. 2 Whether limitation period for equal pay claims runs from transfer or end of employment with transferee
  3. 3 Whether claims for pre-transfer arrears are time-barred

Ratio Decidendi

Claims for pre-transfer arrears under an equality clause must be brought within six months of the TUPE transfer, as the employment to which the claim relates is with the transferor; TUPE does not extend the limitation period. Claims for post-transfer arrears relate to employment with the transferee and are not time-barred until six months after termination of employment with the transferee.

Court Disposition

Appeal dismissed; cross-appeal dismissed.

Orders

  • Claims for pre-transfer arrears are time-barred if not brought within six months of transfer.
  • Claims for post-transfer arrears may be brought within six months after termination of employment with transferee.