Winder v Aston University & Anor [2007] UKEAT 0025_07_0108 (1 August 2007)

Winder v Aston University & Anor [2007] UKEAT 0025_07_0108 (1 August 2007)

The Tribunal correctly found that Mrs Campbell's employment involved a series of gradual variations within one contract, so her claim was in time, while Mrs Winder's employment involved fundamental changes creating new contracts, so her claim (except for a short period) was out of time.

Citation
[2007] UKEAT 0025_07_0108
Parties
Claimant: Mrs Campbell; Claimant: Mrs Winder; Respondent: Aston University
Jurisdiction
United Kingdom
Judgment Date
01 August 2007
Procedural Posture
Employment Appeal Tribunal / Appeal From Employment Tribunal on Preliminary Points
Outcome
Both appeals dismissed; Tribunal's decisions upheld.
Legal Topics
Equal Pay, Part Time Pensions, Indirect Sex Discrimination, Time Limits for Claims
Employment Law Equality Law Equal Pay Part Time Pensions Indirect Sex Discrimination Time Limits for Claims

Case Brief

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Parties

Mrs Campbell

Claimant

Mrs Winder

Claimant

Aston University

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal From Employment Tribunal on Preliminary Points

Legal Issues

  1. 1 Whether changes in employment constituted a new contract or mere variation for the purposes of time limits under the Equal Pay Act
  2. 2 Whether the claims were brought in time under s.2ZA(2) of the Equal Pay Act

Ratio Decidendi

The Tribunal correctly found that Mrs Campbell's employment involved a series of gradual variations within one contract, so her claim was in time, while Mrs Winder's employment involved fundamental changes creating new contracts, so her claim (except for a short period) was out of time.

Court Disposition

Both appeals dismissed; Tribunal's decisions upheld.

Orders

  • Mrs Campbell's claim for the relevant period allowed to proceed.
  • Mrs Winder's claim limited to the period from 8 February 1993 to 31 August 1993; earlier claims statute barred.