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15 August 2012
Employment Appeal Tribunal (EAT)
The Claimants were employed by various NHS Trusts. These were dissolved in 2004 and their functions, staff and assets were transferred to various NHS boards. The Claimants' employment transferred under staff transfer orders. This was held to be a ‘standard case' (and not a stable employment case - though it is not clear why); so the time limit in respect of any unequal pay during the period prior to the transfer ran from the date of the transfer. The claims were submitted well after that and so were out of time.
The status of employment rights on the transfer of an undertaking is an extremely complex area of...