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SODEXO LTD v (1) EA GUTRIDGE & ORS (2) NORTH TEES & HARTLEPOOL NHS FOUNDATION

The effect of the decision of the House of Lords in Powerhouse Retail Ltd v Burroughs [2006] UKHL 13, (2006) 3 All ER 193 was that the six-month time limit for pursuing an equal pay claim in the context of a transfer under the Transfer of Undertakings (Protection of Employment) Regulations 1981 ran from the date of transfer for all equal pay claims deriving from the equality clause, at least with respect to alleged breaches by the transferor.

9 September 2008


The appellant employer (S) appealed against a decision of the employment tribunal that the respondents (G) were entitled to bring an equal pay claim some five years after a transfer under the Transfer of Undertakings (Protection of Employment) Regulations 1981. G had been employed as cleaners by the North Tees and Hartlepool NHS Trust. They were transferred to S but, under a domestic services contract between S and the Trust, they carried on doing the same job in the same place. G’s comparators were maintenance assistants who were employed by the Trust and had not been transferred to S. In reaching its decision, the tribunal held that, for the purposes of Equal Pay Act 1970 s.2ZA, the employment to which the claim related was the employment with S, and that the six-month period in s.2ZA(3) would not start to run until termination of that employment.

G submitted that the tribunal was correct in its analysis and argued that (1) the decision of the House of Lords in Power...

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