‘Work’ and ‘Employment’

Young v National Power plc (TLR 23 November CA)

Between 1991 and November 1994 Mrs Young worked as a value-for-money analyst in National Power’s internal audit department. After a period of sick leave she returned in May 1995 and worked in different departments until her employment terminated on 31 October 1996. On 21 April 1997 she presented an originating application claiming equality of pay in respect of the period when she worked in the value-for-money group. Section 2 of the Equal Pay Act 1970 precludes claims relating to a woman’s employment if she has not been employed in the employment within the six months preceding the date of the reference. The employment tribunal held that the relevant employment for the purposes of the six-month time limit for presenting a complaint was her job as a value-for-money analyst rather than her employment with National Power, and dismissed her claim for being out of time.