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Employment Law

Legal guidance - compliance - software

16 AUG 2012

Andrews v Kings College Hospital NHS Foundation Trust UKEAT/0614/11 (2012) EMPLR 137

Breach of contract claim

19 April 2012

Employment Appeal Tribunal

Wilkie J

Misleading information about time limits from the employer may justify extending the 3-month time limit for breach of contract or unfair dismissal claims.

A worked part-time as a clinical specialist nurse from 1982 until her retirement on 31 March 2010. Part-time workers were excluded from the NHS pension scheme until April 1991. From that date onwards, she was eligible to join the pension scheme but did not do so until 2006. On joining the scheme in 2006, she applied to have her pension backdated to 1991. This was refused by the Trust's pensions official, who told her that she had six months from the date her employment ended to bring a claim in an employment tribunal.

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