Sodexo Ltd v Gutridge & Ors [2008] UKEAT 0024_08_3107 (31 July 2008)

Sodexo Ltd v Gutridge & Ors [2008] UKEAT 0024_08_3107 (31 July 2008)

Claims against the transferor for breach of the equality clause must be brought within six months of the transfer, but claims against the transferee for failure to honour transferred contractual terms can be brought within six months of the end of employment with the transferee.

Citation
[2008] UKEAT 0024_08_3107
Parties
Appellant: Sodexo; First Respondent: North Tees & Hartlepool NHS Foundation Trust; Second Respondent: Sodexo (Transferee)
Jurisdiction
United Kingdom
Judgment Date
31 July 2008
Procedural Posture
Employment Appeal Tribunal / Appeal
Outcome
Appeal allowed in part; claims against transferor out of time, claims against transferee for ongoing breach permitted.
Legal Topics
Equal Pay, TUPE Transfer, Time Limits, Comparators
Employment Law Equality Law Equal Pay TUPE Transfer Time Limits Comparators

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Parties

Sodexo

Appellant

North Tees & Hartlepool NHS Foundation Trust

First Respondent

Sodexo (Transferee)

Second Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal

Legal Issues

  1. 1 Whether equal pay claims post-TUPE transfer can be brought against the transferee when comparators remain with the transferor
  2. 2 What is the relevant time limit for bringing such claims under the Equal Pay Act 1970

Ratio Decidendi

Claims against the transferor for breach of the equality clause must be brought within six months of the transfer, but claims against the transferee for failure to honour transferred contractual terms can be brought within six months of the end of employment with the transferee.

Court Disposition

Appeal allowed in part; claims against transferor out of time, claims against transferee for ongoing breach permitted.

Orders

  • Claims against transferor dismissed as out of time.
  • Claims against transferee for breach of transferred contractual terms allowed to proceed.