The Court of Appeal has today handed down its decision in Gutridge v Sodexo , a case involving equal pay rights in the event of women being subject to a TUPE transfer .
By a majority, the Court of Appeal upholds Elias P.'s decision in the EAT, namely that:-
- claims for equal pay losses, which have accumulated during employment up to the date of transfer of the undertaking to the transferee, must be brought against the transferee within 6 months of the date of the transfer (and will otherwise be barred by limitation rules); but,
- claims for losses after the date of the transfer are able to proceed against the new (transferee) employer for up to 6 years' losses from the date of the claim. Claims must be pursued within 6 months of the termination of that employment.