Martin v Essex County Council & Ors, Court of Appeal - United Kingdom Employment Appeal Tribunal, May 19, 2009, [2009] UKEAT 0138_09_1905

Resolution Date:May 19, 2009
Issuing Organization:United Kingdom Employment Appeal Tribunal
Actores:Martin v Essex County Council & Ors
 
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Appeal No. UKEAT/0138/09/ZT

EMPLOYMENT APPEAL TRIBUNAL

58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

At the Tribunal

On 19 May 2009

Before

HIS HONOUR JUDGE McMULLEN QC

(SITTING ALONE)

MRS J Y MARTIN APPELLANT

1) ESSEX COUNTY COUNCIL & OTHERS

2) SECRETARY OF STATE FOR EDUCATION AND EMPLOYMENT RESPONDENTS

Transcript of Proceedings

JUDGMENT

UKEAT/0138/09/ZT

UKEAT/0138/09/ZT

APPEARANCES

UKEAT/0138/09/ZT

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SUMMARY

EQUAL PAY ACT: Article 141/European law

Since Slack a claim for equal access based on a stable employment relationship cannot be struck out, as being out of time, when the series of short term contracts of employment is succeeded by a permanent contract.

UKEAT/0138/09/ZT

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HIS HONOUR JUDGE McMULLEN QC

  1. This case is about the entitlement of a part-time female teacher to equal access to the Teachers' Pension Scheme. I will refer to the parties as the Claimant and the Respondent. The Second Respondent, the Secretary of State for Education and Employment takes no part in these proceedings, seeking to rely on a defence advanced by Essex County Council. The Claimant represents herself as she did at the Employment Tribunal and the Respondent has the advantage to be represented by Mr Richard Curtis, in-house Counsel.

  2. The claim arises out of a judgment given by Employment Judge Lewsey at a hearing on 17 December 2008 registered with Reasons on 11 February 2009. Twelve women brought claims in the London (Central) Tribunal that they were entitled, for various reasons, to recognition of their time working for the Respondent towards their pension for they were part-timers. Written submissions were given by five of them; six of them, including Mrs Martin, attended; one of them did not attend and Mr Curtis attended for the first Respondent.

  3. The conclusion in respect of Mrs Martin was this,

    ``10. The next person is Mrs Martin who appeared before me in person. She claims for the period September 1976 until 31 August 1993 when she became a permanent fractional employee, having been employed under fixed term contracts prior to that date. The claim was lodged on 23 December 1994. The stable employment relationship ended on 31 August 1993 and, therefore, the claim was due by 28 February 1994. The claim is out of time. Mrs Martin has produced a letter that she has from NATFHE. However, that is not a letter from the Employment Tribunal. I am bound by the rules as set out on Bulletin 9, the claim must be made within six...

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