Russell Jones and Walker's Manchester office equal pay claims experience

12 November 2009

The Employment Team in our Manchester office headed by David Franey has dealt with a large number of equal pay claims by part time workers excluded from occupational pension schemes.

Much of the work has been multiple claimant litigation in the retail sector, and this has led to a number of judicially significant decisions including Betts and others v Boots (on the significance of delay in joining the scheme - available at http://www.employmenttribunals.gov.uk/PartTimeWorkers/keyJudicialDecisions.htm) and Abbott and Others v Littlewoods (No 2). This matter was listed for hearing in the EAT 21 July 2009 in order to revisit the issue in the light of European law. The EAT appeal succeeded and permission was granted to run the argument that delay or failure to join the scheme is no bar to success. The Tribunal is due to hear this argument in a hearing beginning on 19 October 2009.