Stable employment relationship

Case 1: The facts

Dr Thatcher was employed at a university under the same terms from 1978 to 1992, and from 1994 on a permanent contract. For the intervening two years she worked on a fixed-term contract. In 1994 she brought an equal pay claim in respect of her pension.

The issue was whether she had been in a "stable employment relationship", as set out in Preston v Wolverhampton Healthcare No3 [2004] IRLR 96, up until that point. If she had, she could bring an equal pay claim in respect of the entire employment relationship (up to the six-year maximum).

The ruling

The Employment Appeal Tribunal held that Thatcher's 1992 contract was not radically different from the earlier ones. The duties were the same and there was a guarantee of work under each contract, even though the number of hours and payment varied. This indicated a "stable employment relationship" under the guidance given in Preston No3, so Thatcher's claim could proceed.

Thatcher v Middlesex University UKEAT/0134/05