Scottish Ministers v (1) Docherty (2) Greater Glasgow Health Board - Claimant was not entitled to pension scheme membership [2009] EAT

This was another of the numerous part-time pension claims brought under the Equal Pay Act against various local authorities, NHS Trusts etc.

Mrs Docherty worked as a nursing assistant, part-time, from 1975. From 1975 until April 1988 she was not entitled, due to being part-time, to join the NHS Pension Scheme.  Full-time employees were required to belong to the scheme. From 1988 that latter obligation was dropped and membership became optional - but still unavailable to part-timers.  Only from 1 April 1991 were part-timers entitled to join the Scheme. The circular explaining that eligibility, circulated at that time, was for some reason not seen by Mrs Docherty then. In 1994 she sought information about joining: the Health Board never got back to her about this, and she never applied to join. She presented her tribunal claim in December 1994, and retired in 1998 when the hospital in which she worked was closed.

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