The complex rules on equal pay time limits have been further refined in three 2009 appeal decisions.

  • Where a claimant's employment has been the subject of a TUPE transfer, the time limit for equal pay claims against the transferor starts to run on the transfer date: Gutridge v Sodexo.
  • Assimilation under agenda for change, the NHS-wide job evaluation scheme, did not involve the termination of the claimants' contracts of employment, but merely their variation: Potter v North Cumbria Acute Hospitals NHS Trust. In a wider context this means that implementing a job evaluation scheme by assimilating the affected employees into their new posts will not normally trigger the start of the six month time limit, unless clear steps have been taken to terminate their previous contracts. This decision is now under appeal - see below.
  • As Slack v Cumbria County Council illustrates, even if a claimant's contract of employment is expressly terminated and she is re-engaged under a new contract, this does not necessarily mean that the time limit starts to run. In Slack the Court of Appeal was prepared to extend the "stable employment rule", originally designed to protect part-time pensions claimants, to cover cases where permanent employees were re-engaged on substantially the same terms with no gap in service.