Barnard v Hampshire Fire And Rescue Authority (EQUAL PAY - JURISDICTIONAL POINTS) [2019] UKEAT 0145_19_1912 (19 December 2019)

Barnard v Hampshire Fire And Rescue Authority (EQUAL PAY - JURISDICTIONAL POINTS) [2019] UKEAT 0145_19_1912 (19 December 2019)

The Employment Tribunal erred by elevating the change in job content and pay on promotion to Office Manager into a determining factor for ending the stable working relationship. The correct approach is to assess the stability of the employment relationship in practical terms, considering internal promotions as part...

Source-derived case information.

Citation
[2019] UKEAT 0145_19_1912
Parties
Appellant: Claimant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
19 December 2019
Procedural Posture
Employment Appeal Tribunal / Appeal Against ET Decision on Time Limits for Equal Pay Claim
Outcome
Appeal allowed
Legal Topics
Equal Pay, Jurisdictional Time Limits, Stable Working Relationship, Internal Promotion
Employment Law Equality Law Equal Pay Jurisdictional Time Limits Stable Working Relationship Internal Promotion

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Parties

Claimant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal Against ET Decision on Time Limits for Equal Pay Claim

Legal Issues

  1. 1 Whether internal promotion breaks a 'stable working relationship' for purposes of equal pay claim time limits under Equality Act 2010
  2. 2 Proper construction of 'stable working relationship' in sections 129 and 130 Equality Act 2010

Ratio Decidendi

The Employment Tribunal erred by elevating the change in job content and pay on promotion to Office Manager into a determining factor for ending the stable working relationship. The correct approach is to assess the stability of the employment relationship in practical terms, considering internal promotions as part of a natural progression unless there is clear evidence of a break. The Claimant's stable working relationship continued through her promotions, and her equal pay claim was brought in time.

Court Disposition

Appeal allowed

Orders

  • Employment Tribunal's decision set aside
  • Substituted finding that there was no end in the stable working relationship on Claimant's move to Office Manager in June 2014