Lavety v Lanarkshire Health Board & Anor [2008] UKEAT 0033_08_3110 (31 October 2008)

Lavety v Lanarkshire Health Board & Anor [2008] UKEAT 0033_08_3110 (31 October 2008)

The Tribunal erred by not focusing on whether the claimant would have joined the NHS pension scheme when first eligible in 1983 if not excluded due to part-time status. The correct legal test is whether, on a balance of probabilities, the claimant would have joined at that time, not whether delay after eligibility precludes the claim.

Citation
[2008] UKEAT 0033_08_3110
Parties
Appellant/claimant: Mrs Lavety; First Respondent: Relevant Health Board; Second Respondent: Scottish Ministers
Jurisdiction
United Kingdom
Judgment Date
31 October 2008
Procedural Posture
Employment Appeal / Appeal Against Employment Tribunal's Pre Hearing Review Decision
Outcome
Appeal allowed; Tribunal's decision set aside.
Legal Topics
Equal Pay, Part Time Worker Pensions, Discrimination, Retrospective Pension Access
Employment Law Equality Law Pensions Law Equal Pay Part Time Worker Pensions Discrimination Retrospective Pension Access

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Mrs Lavety

Appellant/claimant

Relevant Health Board

First Respondent

Scottish Ministers

Second Respondent

Procedural Posture

Employment Appeal / Appeal Against Employment Tribunal's Pre Hearing Review Decision

Legal Issues

  1. 1 Whether the claimant would, on a balance of probabilities, have joined the NHS pension scheme when first eligible if not excluded due to part-time status
  2. 2 Whether delay in joining the scheme after eligibility precludes retrospective access under the Equal Pay Act

Ratio Decidendi

The Tribunal erred by not focusing on whether the claimant would have joined the NHS pension scheme when first eligible in 1983 if not excluded due to part-time status. The correct legal test is whether, on a balance of probabilities, the claimant would have joined at that time, not whether delay after eligibility precludes the claim.

Court Disposition

Appeal allowed; Tribunal's decision set aside.

Orders

  • Claim remitted to the Employment Tribunal for a full hearing on the merits.