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Case notes: Preston v Wolverhampton Healthcare Trust (House of Lords) February 1998

United Kingdom
28/01/1999
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Preston v Wolverhampton Healthcare Trust (House of Lords) February 1998

Two questions relating to the rights of part-time employees denied access to occupational pension schemes have been referred to the European Court of Justice. They are:

  • whether the limitation period and backdating restriction the UK proposes to apply for claims of indirect sex discrimination are compatible with the principle of European Union law that national procedural rules must not make it excessively difficult or impossible in practice to exercise rights under Article 119 of the Treaty of Rome. Those restrictions are that claims must be brought within six months of leaving service, and that backdated admission may be claimed for no more than two years prior to the date of claim; and
  • whether the fact that other employment statutes and contract law provide for different time limits is compatible with the principle of European law that national procedural rules for breach of community law must be no less favourable than those which apply to similar claims of a domestic nature.


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