Donnelly v NHS Greater Glasgow & Clyde & Ors (Equal Pay Act : Damages or Compensation) [2012] UKEAT 0008_12_1508 (15 August 2012)

Donnelly v NHS Greater Glasgow & Clyde & Ors (Equal Pay Act : Damages or Compensation) [2012] UKEAT 0008_12_1508 (15 August 2012)

The six month limitation period for equal pay claims under the Equal Pay Act 1970 runs from the date of cessation of employment with the transferor NHS Trust, regardless of whether the transfer is by TUPE or statutory order. The claims relating to pre-transfer employment are time barred if not presented within six months of the transfer. Lack of consultation does not breach the EU principle of effectiveness.

Citation
[2012] UKEAT 0008_12_1508
Parties
Claimant: Ms Christine Foley; Claimant: GMB Claimants; Claimant: Ms Isabella Donnelly; Claimant: IFON Claimants; Respondent: NHS Greater Glasgow & Clyde
Jurisdiction
United Kingdom
Judgment Date
15 August 2012
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Equal Pay, Statutory Limitation, Transfer of Employment, Consultation Requirements
Employment Law Equality Law Equal Pay Statutory Limitation Transfer of Employment Consultation Requirements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 17 Party arguments 2
Sign in to unlock

Parties

Ms Christine Foley

Claimant

GMB Claimants

Claimant

Ms Isabella Donnelly

Claimant

IFON Claimants

Claimant

NHS Greater Glasgow & Clyde

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether equal pay claims relating to pre-transfer employment are time barred under the Equal Pay Act 1970
  2. 2 Whether the six month limitation period runs from the date of dissolution/transfer of NHS Trusts
  3. 3 Whether lack of consultation contravenes the EU principle of effectiveness

Ratio Decidendi

The six month limitation period for equal pay claims under the Equal Pay Act 1970 runs from the date of cessation of employment with the transferor NHS Trust, regardless of whether the transfer is by TUPE or statutory order. The claims relating to pre-transfer employment are time barred if not presented within six months of the transfer. Lack of consultation does not breach the EU principle of effectiveness.

Court Disposition

Appeal dismissed

Orders

  • Claims relating to pre-transfer employment are time barred
  • No reference to ECJ required