Mr C Bryant v St Helens Metropolitan Borough Council — 2023

At a preliminary hearing on 24 April 2023, Employment Judge Horne held that Mr C Bryant's case against St Helens Metropolitan Borough Council was a stable employment case within section 2ZA of the Equal Pay Act 1970. The tribunal found that the stable employment relationship had not ended by the time the claim was presented, so the claim was brought before the qualifying date and the tribunal had jurisdiction to consider it.

The tribunal further held that, even if the case were treated as a standard case rather than a stable employment case, it would still have jurisdiction. It found that the change on 1 September 2008 from Clerical Assistant to Overpayments Officer, together with the associated changes to terms and conditions, did not amount to termination of the original contract followed by re-engagement under a different contract.

On that alternative basis, the tribunal concluded that the claim was presented before the last day on which Mr Bryant was employed in the employment, and therefore before the qualifying date. The judgment records that reasons were given orally at the hearing and that no written reasons would be provided unless requested.