Pepper v Lancashire County Council & Ors [2007] UKEAT 0404_07_2611 (26 November 2007)

Pepper v Lancashire County Council & Ors [2007] UKEAT 0404_07_2611 (26 November 2007)

The Employment Tribunal erred in law by failing to address the Claimant's case regarding just cause for not joining the pension scheme after eligibility; this issue must be determined to resolve whether the Claimant suffered a detriment.

Citation
[2007] UKEAT 0404_07_2611
Parties
Claimant: Mr Pepper; Respondent: Lancashire County Council; Second Respondent: Secretary of State for Education and Skills
Jurisdiction
United Kingdom
Judgment Date
26 November 2007
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed; matter remitted to Employment Tribunal for determination of Claimant's case.
Legal Topics
Equal Pay, Part Time Workers, Pension Scheme Access, Discrimination
Employment Law Pensions Law Equality Law Equal Pay Part Time Workers Pension Scheme Access Discrimination

Case Brief

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Parties

Mr Pepper

Claimant

Lancashire County Council

Respondent

Secretary of State for Education and Skills

Second Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Employment Tribunal failed to address the Claimant's case for just cause in not joining the Teachers' Pension Scheme after eligibility
  2. 2 Whether the Claimant suffered a detriment by not joining the scheme despite eligibility
  3. 3 Whether the absence of a discriminatory policy is a complete answer to the claim

Ratio Decidendi

The Employment Tribunal erred in law by failing to address the Claimant's case regarding just cause for not joining the pension scheme after eligibility; this issue must be determined to resolve whether the Claimant suffered a detriment.

Court Disposition

Appeal allowed; matter remitted to Employment Tribunal for determination of Claimant's case.

Orders

  • The appeal is allowed.
  • The case is remitted to the same Employment Judge to consider the Claimant's case in full.