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Mondaq Business Briefing -Herbert SmithUnited Kingdom - Settlement of Part-Timer Claims.
(From Mondaq.com)
The Employment Tribunal has now published its judgment on the test cases on part-timer access to occupational pension schemes following the House of Lords ruling in Preston & ors v Wolverhampton Healthcare NHS Trust & Ors. The judgment is designed to determine common issues relating to part-timer access. Currently, it is estimated that 50,000 part-timer access cases are registered with tribunals.
The tribunal chairman ruled on a number of issues including the following:
- he can identify a female part-timer doing equal work to his, and
- he can demonstrate that it amounted to indirect sex discrimination for that female part-timer to be denied access to the scheme during the period for which he is claiming access.
The tribunal chairman also considered what constituted a stable employment relationship where a part-timer was employed on a series of short-term contracts and whether a part-timer can maintain a claim for membership of the scheme where they failed to join the scheme when first becoming eligible to do so.
The judgment makes it easier for employers to make an informed decision on whether, and on what basis, to settle any claims for part-timer access to their pension scheme. If you are minded to settle your part-timer claims you may want to consider the following points:
- Settlement of Part-Timer Claims.(Brief Article)
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