Davitt v. HQ Service Children's Education (Mod) [2000] UKEAT 684_99_0310 (3 October 2000)

Davitt v. HQ Service Children's Education (Mod) [2000] UKEAT 684_99_0310 (3 October 2000)

In light of the Levez decision and the parties' agreement on the facts, Section 2(5) of the Equal Pay Act 1970 does not operate to bar the applicant's claim for any period, and the previous tribunal order limiting arrears is set aside by consent.

Citation
[2000] UKEAT 684_99_0310
Parties
Applicant: Helen Davitt; Respondent: HQ SCE (MOD)
Jurisdiction
United Kingdom
Judgment Date
03 October 2000
Procedural Posture
Employment Appeal / Interlocutory/preliminary Order on Consent
Outcome
Paragraph 1 of the Employment Tribunal's decision limiting arrears is set aside by consent; the claim proceeds without the Section 2(5) limitation.
Legal Topics
Equal Pay, Limitation Periods, Section 2(5) Equal Pay Act 1970, Deception and Disapplication of Limitation
Employment Law Equal Pay Limitation Periods Section 2(5) Equal Pay Act 1970 Deception and Disapplication of Limitation

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Parties

Helen Davitt

Applicant

HQ SCE (MOD)

Respondent

Procedural Posture

Employment Appeal / Interlocutory/preliminary Order on Consent

Legal Issues

  1. 1 Whether Section 2(5) of the Equal Pay Act 1970 bars the applicant's claim for arrears beyond two years prior to the IT1 application date
  2. 2 Whether the Levez case affects the application of Section 2(5) in the absence of deliberate or involuntary deception

Ratio Decidendi

In light of the Levez decision and the parties' agreement on the facts, Section 2(5) of the Equal Pay Act 1970 does not operate to bar the applicant's claim for any period, and the previous tribunal order limiting arrears is set aside by consent.

Court Disposition

Paragraph 1 of the Employment Tribunal's decision limiting arrears is set aside by consent; the claim proceeds without the Section 2(5) limitation.

Orders

  • Parties to draft and agree a consent order reciting that Section 2(5) does not operate to bar any part of the claim, in light of Levez and the parties' understanding of the facts.
  • Adjourned hearing to proceed on the basis that the previous limitation is of no effect.