Martin v Essex County Council & Ors [2009] UKEAT 0138_09_1905 (19 May 2009)

Martin v Essex County Council & Ors [2009] UKEAT 0138_09_1905 (19 May 2009)

A claim for equal access to a pension scheme based on a stable employment relationship cannot be struck out as out of time when a series of short-term contracts is succeeded by a permanent contract; the law now allows aggregation of such periods for limitation purposes.

Citation
[2009] UKEAT 0138_09_1905
Parties
Appellant/claimant: Mrs J Y Martin; First Respondent: Essex County Council; Second Respondent: Secretary of State for Education and Employment
Jurisdiction
United Kingdom
Judgment Date
19 May 2009
Procedural Posture
Employment Appeal / Appeal Against Employment Tribunal's Strike Out Decision
Outcome
Appeal allowed; strike out set aside
Legal Topics
Equal Pay, Stable Employment Relationship, Pension Rights, Time Limits for Claims
Employment Law European Law Equality Law Equal Pay Stable Employment Relationship Pension Rights Time Limits for Claims

Case Brief

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Parties

Mrs J Y Martin

Appellant/claimant

Essex County Council

First Respondent

Secretary of State for Education and Employment

Second Respondent

Procedural Posture

Employment Appeal / Appeal Against Employment Tribunal's Strike Out Decision

Legal Issues

  1. 1 Whether a claim for equal access to the Teachers' Pension Scheme by a part-time female teacher is out of time when a series of short-term contracts is succeeded by a permanent contract
  2. 2 Whether the concept of a stable employment relationship applies to uninterrupted succession of contracts followed by a permanent contract

Ratio Decidendi

A claim for equal access to a pension scheme based on a stable employment relationship cannot be struck out as out of time when a series of short-term contracts is succeeded by a permanent contract; the law now allows aggregation of such periods for limitation purposes.

Court Disposition

Appeal allowed; strike out set aside

Orders

  • The claim is reinstated and remitted to the Employment Tribunal for further directions.
  • The Respondent is given 14 days to decide on further conduct.