Judith Anne Wilkes v. Dundee City Council & Anor [2007] UKEAT 0041_06_1601 (16 January 2007)

Judith Anne Wilkes v. Dundee City Council & Anor [2007] UKEAT 0041_06_1601 (16 January 2007)

The claim was time-barred because the appellant's succession of short-term contracts ended in 1990 when she entered into a permanent contract. The limitation period ran from the end of the last short-term contract, not from the end of the permanent contract. No global contract existed, and the ECJ and subsequent domestic jurisprudence precluded treating the employment as a single continuous contract for limitation purposes.

Citation
[2007] UKEAT 0041_06_1601
Parties
Appellant (claimant): Mrs J Wilkes; First Respondents: Dundee City Council; Second Respondents: Scottish Executives
Jurisdiction
United Kingdom
Judgment Date
16 January 2007
Procedural Posture
Employment Appeal / Appeal Against Employment Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Time Limitation for Equal Pay Claims, Stable Employment Relationship, Succession of Contracts, Pension Scheme Eligibility
Employment Law Equal Pay Pensions Time Limitation for Equal Pay Claims Stable Employment Relationship Succession of Contracts Pension Scheme Eligibility

Case Brief

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Parties

Mrs J Wilkes

Appellant (claimant)

Dundee City Council

First Respondents

Scottish Executives

Second Respondents

Procedural Posture

Employment Appeal / Appeal Against Employment Tribunal Decision

Legal Issues

  1. 1 Whether the claim for exclusion from the pension scheme was time-barred under s.2(4) of the Equal Pay Act 1970
  2. 2 Whether a succession of short-term contracts followed by a permanent contract constitutes a 'stable employment relationship' for limitation purposes
  3. 3 Whether the limitation period runs from the end of the last short-term contract or from the end of the subsequent permanent contract

Ratio Decidendi

The claim was time-barred because the appellant's succession of short-term contracts ended in 1990 when she entered into a permanent contract. The limitation period ran from the end of the last short-term contract, not from the end of the permanent contract. No global contract existed, and the ECJ and subsequent domestic jurisprudence precluded treating the employment as a single continuous contract for limitation purposes.

Court Disposition

Appeal dismissed

Orders

  • Order dismissing the appeal