Cumbria County Council v Dow & Ors (No. 1); and (No. 2)


(No. 1) [2008] IRLR 91; (No 2) [2008] IRLR 109.




Multiple applicant equal pay case (employment law)

Further Information

The issue before the Employment Tribunal was whether certain equal pay claims were brought in time. This depended upon whether alterations in terms and conditions were simply variations of an existing contract (in which case they were) or whether they involved the termination of one contract and the creation of another (in which case they were not). There were ten sample claims. In some cases there were new written contracts agreed and in others there were contractual offers made but no indication of any acceptance by the employee. The Tribunal found that in most, but not all, cases the claims were in time. The EAT upheld appeals with respect to two of the claims. Discussion of how to determine whether a contract is merely varied or whether there is a termination of the old contract and the creation of a new one.

Barristers involved

Private: Helen Knott