Foley v NHS Greater Glasgow & Clyde & Orss (Equal Pay Act : Damages or Compensation) [2012] UKEAT 0007_12_1508 (15 August 2012)

Foley v NHS Greater Glasgow & Clyde & Orss (Equal Pay Act : Damages or Compensation) [2012] UKEAT 0007_12_1508 (15 August 2012)

The six-month limitation period for bringing equal pay claims under the Equal Pay Act 1970 runs from the date of transfer of employment from the NHS Trusts to the Respondent, as this constitutes the end of the relevant employment. The transfer, whether under TUPE or equivalent statutory mechanism, creates a new employment for limitation purposes. The Tribunal did not err in law in finding the claims time-barred, and the six-month time limit does not breach the EU principle of effectiveness in these circumstances.

Citation
[2012] UKEAT 0007_12_1508
Parties
Claimant: Ms Christine Foley; Claimant: Ms Isabella Donnelly; Respondent: NHS Greater Glasgow & Clyde
Jurisdiction
United Kingdom
Judgment Date
15 August 2012
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal
Outcome
Appeal dismissed
Legal Topics
Equal Pay, Statutory Limitation, Transfer of Undertakings, Jurisdiction of Employment Tribunal
Employment Law Equality Law Equal Pay Statutory Limitation Transfer of Undertakings Jurisdiction of Employment Tribunal

Case Brief

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Parties

Ms Christine Foley

Claimant

Ms Isabella Donnelly

Claimant

NHS Greater Glasgow & Clyde

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether the claimants' equal pay claims relating to pre-transfer employment are time-barred under the Equal Pay Act 1970 due to statutory limitation.
  2. 2 Whether the six-month time limit for bringing equal pay claims contravenes the EU principle of effectiveness in the circumstances of the transfer.

Ratio Decidendi

The six-month limitation period for bringing equal pay claims under the Equal Pay Act 1970 runs from the date of transfer of employment from the NHS Trusts to the Respondent, as this constitutes the end of the relevant employment. The transfer, whether under TUPE or equivalent statutory mechanism, creates a new employment for limitation purposes. The Tribunal did not err in law in finding the claims time-barred, and the six-month time limit does not breach the EU principle of effectiveness in these circumstances.

Court Disposition

Appeal dismissed

Orders

  • Claims relating to pre-transfer employment are time-barred under the Equal Pay Act 1970.
  • No reference to the ECJ is required.