Powerhouse Retail Ltd & Ors v Burroughs & Ors

Powerhouse Retail Ltd & Ors v Burroughs & Ors

Time for bringing an equal pay claim against a TUPE transferor begins to run from the date of the transfer, as the contract of employment with the transferor, for the purposes of pension rights, terminates at that point and is not continued by the statutory fiction created by TUPE.

Parties
Appellant: Powerhouse Retail Ltd; Appellant: Seeboard Retail PLC; Appellant: Midlands Electricity PLC; Respondent: V M Burroughs; Respondent: K A Bartlett; Respondent: D Carey; Respondent: A Sheen; Interested Party: Secretary of State for Education and Skills
Jurisdiction
England and Wales
Judgment Date
07 October 2004
Procedural Posture
Civil Appeal / Appeal From Employment Appeal Tribunal
Outcome
appeal allowed
Legal Topics
Equal Pay, Limitation Periods, TUPE Transfers, Occupational Pension Schemes
Employment Law Statutory Interpretation Equal Pay Limitation Periods TUPE Transfers Occupational Pension Schemes

Case Brief

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Parties

Powerhouse Retail Ltd

Appellant

Seeboard Retail PLC

Appellant

Midlands Electricity PLC

Appellant

V M Burroughs

Respondent

K A Bartlett

Respondent

D Carey

Respondent

A Sheen

Respondent

Secretary of State for Education and Skills

Interested Party

Procedural Posture

Civil Appeal / Appeal From Employment Appeal Tribunal

Legal Issues

  1. 1 When does the limitation period for bringing an equal pay claim against a TUPE transferor begin to run: at the date of transfer or at the end of employment with the transferee?

Ratio Decidendi

Time for bringing an equal pay claim against a TUPE transferor begins to run from the date of the transfer, as the contract of employment with the transferor, for the purposes of pension rights, terminates at that point and is not continued by the statutory fiction created by TUPE.

Court Disposition

appeal allowed

Orders

  • The appeal is allowed.