In this section
Key judicial decisions
There have been a considerable number of judicial decisions and directions issued during the course of this litigation.
A brief description of the most important is detailed below. You can click on the name of the parties in the table below to read the decisions, directions or judgments in full.
Retained Firefighters  (72kb, Adobe PDF) |
See current position for explanation. Case Management Order of Employment Tribunal of 19 December 2008 |
| Pike – v – Somerset County Council & others (99kb, Adobe PDF) |
Post retirement claims. Judgment of Employment Appeal Tribunal handed down on 3 October 2008 |
| Armed Forces Pension Scheme (Reserved Reasons) (260kb, Adobe PDF) |
The exclusion of members of the reserve forces from membership of the Armed Forces Pension Scheme is objective justified. Employment tribunal's Reasons dated 23 July 2007. |
| Pike -v- Somerset County Council & Others (Nottingham) (110kb, Adobe PDF) |
Post retirement claims. The exclusion of teachers returning part-time to the profession after retirement from membership of the Teachers' Pension Scheme held not to be indirectly discriminatory against women. Employment tribunal's Reasons dated 13 June 2007. |
Chan & Others -v- Southmead Health Services NHS Trust & Others  (426kb, Adobe PDF) |
NHS variable hours contracts test cases. Claimants who worked term time only or on rotas with some weeks below the qualifying threshold. Whether claimants had been entitled to join the pension scheme. Employment Tribunal reasons dated 5 March 2007. |
| "Beswick" category 2 cases (151kb, Adobe PDF) |
Claimants who did not opt into the Local Government Pension Scheme in time to benefit from the 1987 and 1991 “buy back” offer not entitled to succeed. Employment Tribunal reasons dated 20 February 2007. |
| Sanderson & Others -v- Secretary of State for Health & Others (88kb, Adobe PDF) Sanderson & Others -v- Secretary of State for Health & Others Judgment (17kb, Adobe PDF) |
NHS claimants alleging excluded from pension scheme by reason of ‘misleading’ contract term. Leave to amend required. Claims having no reasonable prospect of success. Employment Tribunal reasons dated 15 September 2006. |
| Pike -v- Somerset County Council & Others (London Central) (380kb, Adobe PDF) |
Post retirement claims. Permission granted to the Secretary of State to withdraw concession of less favourable treatment. Case management orders made. Employment Tribunal reasons dated 7 August 2006. |
| Robinson & Others -v- Secretary of State for Health and others (29kb, Adobe PDF) |
NHS “policy allegation” and misleading contract cases. Case Management Orders 9th May 2006. |
| Betts and others -v- The Boots Company Plc (354kb, Adobe PDF) |
Opters cases: significance of lengthy delay before opting into pension scheme and evidential problems arising from claimant's assertion that they joined scheme as soon as they became aware of eligibility, explored and considered ET judgment 28th March 2006. |
| Preston (Number 3) [Burroughs -v- Powerhouse Retail] (41kb, Adobe PDF) |
House of Lords upholds tribunal's decision on when time runs for the purposes of commencing proceedings where there has been a TUPE transfer HoL judgment 8th March 2006. |
| Judicial Pension Scheme (Certificate of Correction) (599kb, Adobe PDF) |
Correct pool for comparison for determining disproportionate impact [judgment appealed : first ground of appeal rejected as having no reasonable prospect of success: second and third grounds stayed pending review of judgment] ET review judgment and original judgment as corrected 7th March 2006. |
| Shaikh -v- Department of Constitutional Affairs [Judicial pension scheme] (89kb, Adobe PDF) |
Necessity for claimant to establish comparator of opposite sex doing like work or work of equal value remains following Allonby [see below] EAT judgment 31 st August 2005 UKEAT/0234/05/ |
| Carr and others -v- University of Durham (45kb, Adobe PDF) |
Refusal of application by UNISON to treat certain cases as test cases to determine the meaning of "the employment" in section 2(4) Equal Pay Act 1970 [Order not appealed] ET Order 21st April 2005. |
| Tester and others -v- Leicestershire County Council and others (62kb, Adobe PDF) |
Preliminary hearing to determine the effect of certain provisions relating to the reorganisation of local government and their effect on liability for exclusion of employees from the pension scheme [judgment not appealed] ET judgment 21st March 2005. |
| Judicial Pension Scheme (26kb, Adobe PDF) |
Whether claimants entitled to bring the proceedings: whether claimants required to name a comparator [judgment appealed by one claimant in respect of requirement to name comparator: appeal dismissed - see Shaikh -v- Department of Constitional Affairs ET judgment 1st February 2005. |
| Armed Forces Pension Scheme (43kb, Adobe PDF) |
Pre-hearing review on the need for claimant members of the Reserve Forces to name a comparator in the Regular Forces [judgment not appealed] ET judgment 7th December 2004. |
| Principal Civil Service Pension Scheme (133kb, Adobe PDF) |
Full merits hearings: correct pool for comparison to establish disproportionate impact: claims dismissed [judgment not appealed] ET judgment 28th October 2004. |
Allonby -v- Accrington & Rossendale College & Others  |
Terms and conditions for claimant and comparator must be set by single source: where single source was state legislation, comparator need not be employed by same employer as claimant ECJ judgment 13th January 2004. |
| Preston (No 3) [EAT] (50kb, Adobe PDF) |
Judgment relating to TUPE, opting in and stable employment relationship test case issues EAT judgment 19th December 2003. |
| Public Sector settlement exercise (7kb, Adobe PDF) |
Further directions issued to local authorities and educational establishments only, via the Local Government Pensions Committee and the Association of Colleges, relating to the exercise set out at paragraph 6 of Information Bulletin 8 ET Directions 8th August 2003. |
| Public Sector settlement (30kb, Adobe PDF) |
Directions for future handling of pension cases in light of the public sector settlement ET Case Management Conference 31st March 2003. |
| Travers -v- Planning Inspectorate (80kb, Adobe PDF) |
Workers with various working patterns: burden of proof issues. ET Decision 2nd December 2002. |
| Directions (10kb, Adobe PDF) |
Directions for future handling of pension cases in light of the common points decision ET 1st October 2002 |
| Preston (Number 3) (46kb, Adobe PDF) |
Full decision on points of common application ET 2nd August 2002. |
| Banking sector (7kb, Adobe PDF) |
Directions for future handling of banking sector cases ET Directions Hearing 14th February 2002. |
| Preston (Number 2) [HoL] |
Final opinion of the House of Lords following the European Court of Justice preliminary rulings 8th February 2001. |
| Preston [ECJ] |
European Court of Justice preliminary rulings 16th May 2000. |
| Preston [HoL] |
Initial opinion of the House of Lords prior to referral to the European Court of Justice 5th February 1998. |
| Preston [EAT] (60kb, Adobe PDF) |
Employment Appeal Tribunal Judgment 24th June 1996. |
| Preston and others -v- Wolverhampton Healthcare NHS Trust and other (108kb, Adobe PDF) |
Employment Tribunal decision December 1995. |
