Scottish Ministers v. Docherty & Anor [2009] UKEAT 0053_08_0907 (9 July 2009)

Scottish Ministers v. Docherty & Anor [2009] UKEAT 0053_08_0907 (9 July 2009)

The Tribunal erred in law by failing to address whether the claimant would have joined the scheme between 1988 and 1991 if eligible, and by failing to find any evidence of a policy or practice of misinformation after 1991. There was no evidential basis to support the claimant's entitlement to retrospective pension scheme membership for either period.

Citation
[2009] UKEAT 0053_08_0907
Parties
Claimant: Mrs M Docherty; First Respondent: Greater Glasgow Health Board; Second Respondent: Scottish Ministers
Jurisdiction
United Kingdom
Judgment Date
09 July 2009
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal
Outcome
Appeal allowed; Employment Tribunal judgment set aside.
Legal Topics
Equal Pay, Part Time Workers, Pension Scheme Membership, Indirect Discrimination
Employment Law Equality Law Pensions Law Equal Pay Part Time Workers Pension Scheme Membership Indirect Discrimination

Case Brief

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Parties

Mrs M Docherty

Claimant

Greater Glasgow Health Board

First Respondent

Scottish Ministers

Second Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether the claimant would have joined the NHS Pension Scheme between 1988 and 1991 if eligible
  2. 2 Whether the claimant's ignorance of her entitlement to join the scheme after 1991 was due to a policy or campaign of misinformation by the respondents

Ratio Decidendi

The Tribunal erred in law by failing to address whether the claimant would have joined the scheme between 1988 and 1991 if eligible, and by failing to find any evidence of a policy or practice of misinformation after 1991. There was no evidential basis to support the claimant's entitlement to retrospective pension scheme membership for either period.

Court Disposition

Appeal allowed; Employment Tribunal judgment set aside.

Orders

  • Judgment of Employment Tribunal of 5 June 2008 set aside.
  • Substituted judgment: claimant not entitled to membership of the National Health Service Superannuation Scheme for the periods 6 April 1988 to 31 March 1991 and 1 April 1991 to 15 March 1998.