Trimble (1) Thomson (2) v North Lanarkshire Council & Anor- Power to revoke essentially discretionary [2012] EAT

Revoking Claimants’ permission to amend their claim form to add the second Respondent, meaning that the Claimants’ equal pay claims would effectively be put at “an end” does not necessarily undermine legislative purpose of the Transfer of Undertakings (Protection of Employment) Regulations 2006 nor the Equal Pay Act 1970 (‘EPA’).

Both Claimants Mrs Trimble and Miss Thomson worked for North Lanarkshire Council as a pavilion attendant and leisure attendant respectively. In September 2006 their contracts of employment were transferred under TUPE to North Lanarkshire Leisure Ltd which was incorporated at the same time. On the 13th June 2006 Mrs Trimble claimed the equal pay to which she was entitled under the equality clause in her contract pursuant to Section 1 of the EPA, and Miss Thomson did the same on the 25th April 2007. Both Claimants named only Lanarkshire Council in their claim forms.

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