Introduction
The House of Lords has now given judgment in the appeals on the preliminary points of law affecting cases brought by part time workers who have been excluded from occupational pension schemes because of their part time status. In the first part of the Bulletin summarise the effect of the judgment. In the second part, I explain what will now happen to those cases affected by the judgment. In the third part, I describe the steps which must now be taken to move forward the cases which are unaffected by the judgment. I have made those steps the subject of formal Directions which the parties (in the next phase this means the respondents) must comply with. I understand of course that every applicant is anxious to know when their case will be concluded, but I regret that until respondents have entered their appearances and explained what, if any, defences they now wish to raise in relation to the merits of individual claims, it is impossible to say. May I please ask for your continued indulgence while we proceed with the massive task of case managing in excess of 50,000 applications. We recognise the need for speed, but we equally recognise the necessity of doing justice even handedly between the parties in what remains highly technical and complex litigation. Might I respectfully ask you to refrain from making telephone contact either with the tribunal office in which your claim is proceeding, or the tribunal's helpline, to enquire about the progress of your claim. As it becomes available, you will receive further information in writing either from your representative or from the tribunal direct. Please also remember that tribunal staff are not permitted to give legal advice.

1. The judgment
The judgment deals only with jurisdictional issues concerning time limits for bringing claims, and the length of time which claims may be back dated. Their Lordships ruled that

• Claims must be brought not later than 6 months after the ending of the employment relationship in question
• If brought within that time, the claim may be back dated to the start of the employment relationship or the 8th April 1976 whichever is the later but because the object is to put part time workers in to the position they would have been in had they not been excluded from the scheme, a successful applicant must make, as a condition of admission to the scheme, the same pension contributions which they would have made had they been members of the scheme all along
• In those cases where the employment relationship has been broken or because, by its nature, is intermittent (normally but not exclusively this will apply to supply teachers and those on termly or academic yearly contracts), the six month time limit runs from the end of each period of employment unless their subsists a stable employment relationship between the parties which bridges those periods when no work is being done, in which case the six month limit runs from the end of that stable relationship. The question of whether a stable employment relationship exists or, if not, when it came to an end, can only be resolved by an employment tribunal hearing, evidence on a case by case basis, unless the point is conceded by the respondent.

2. Cases affected by the House of Lords judgment
As a result of the judgment, any case where the form IT1 was sent to the tribunal more than 6 months after the employment relationship ended, is doomed to fail and steps will now be taken to dispose of those cases as quickly, but fairly, as possible. This part of the Bulletin explains what will happen.

a) Letters will be sent to those applicants inviting them to show cause - i.e. to explain in writing - why their case should not be struck out. The letters (which will be copied to the respondent) will set a limited period within which an applicant will be able to write to the nominated Chairman of the region in which their case is proceeding, explaining why they do not agree that their case must fail.

b) If no reply is received to that letter, a formal Order striking out the claim will be issued. Where a reply is received, the nominated Chairman will exercise his or her discretion as to how to proceed. Normally, the Chairman will be able to reach a decision without the need for further information or a hearing. In a few cases the Chairman may need to ask for further information. If the Chairman decides that the case will fail, a striking out Order giving reasons will be issued. If the Chairman decides that the case should proceed, the parties will be informed by letter and the respondent will be asked to enter a Notice of Appearance.

c) Exceptionally, before reaching a decision the Chairman may need to hold a brief hearing at which both parties will be allowed to make representations. If that happens, whatever the outcome, the parties will be notified of it in the form of a formal Order, again supported by reasons.

d) A party who is dissatisfied with the Chairnman's decision may appeal, on a point of law only, to the Employment Appeal Tribunal.

e) It would be of immense assistance if any applicant who accepts that their case will inevitably fail as a result of the judgment, would write in and withdraw as promptly as possible.

f) If within 6 months a respondent has not received a copy of a show cause letter in any case which it believes must fail as a result of the judgment, they should notify the Regional Office in which the case is registered, even if it is not the office where they have been told to enter their Notice of Appearance

3. Cases NOT affected by the the House of Lords judgement
This part of the Bulletin explains what will happen is respect of the remaining cases. Very few respondents have so far entered a Notice of Appearance but they will now be required to do so. In it, they will set out their future intentions with regard to all of the cases brought against them.
Because some respondents have many hundreds of cases, and a few have several thousand cases, the following steps have been desifned to take us to the next stage of these proceedings as quickly as possible but with the minimum bureaucracy.

Once received, the Notices of Appearance will be served on representatives and unrepresented applicants only. If you have named a representative in your originating application it will be their responsibility to keep you informed of any developments that apply to you. If you have not named a representative, you may wish to seek the assistance of a trade union of which you either are or at the relevant time were, a member. Appendix 1 is a list of some of the unions involved together with an indication of whether, and if so on what conditions, they might be prepared to be named as representative. If you are eligible for assistance from a trade union it would greatly assist the management of these cases if you would be willing to nominate that union as your representative. If you are willing, please ask your union to notify the Regional Office where your case is held that they are now acting for you.

Decisions about the future handling of cases against any particular respondent can only be taken once their Notice of Appearance has been received. Further information will be sent to representatives and unrepresented applicants in due course.

Directions
1. On the Direction of the President, HH Judge Prophet, the stay is lifted:

5. Notices of Appearance will, inter alia:

6. Where the Secretary of State is a respondent but not the direct employer, the direct employer is not required to enter an appearance in the case of any applicant in respect of whom the Secretary of State is raising a defence of objective justification or other common points defence. [N.B. the Secretary of State has been automatically joined as a respondent in all appropriate cases even if not specifically named by the applicant]

7. Notice of Appearance are to be entered as follows:

8. Directions hearings at which detailed consideration will be given to the management of cases against individual respondents will then be arranged.

John K Macmillan
Regional Chairman
Employment Tribunals
Nottingham
9th February 2001

Unions which have agreed to act for former members
Association of University Teachers
KFAT
NASUWT
Royal College of Nursing

Unions which have agreed to act for those who were members at the relevant time but not those who have subsequently become members
Association of Teachers and Lecturers

Unions which will act only for those who were members at the relevant time and have remained in membership ever since
MSF
NUT
T&GWU
UNIFI

Unions which will consider acting for members in some circumstances
Chartered Society of Physiotherapists
GMB
UNISON

Please note that the question of representation is entirely a matter between an applicant and his or her union and you must approach the union before naming them as representative. The tribunal cannot become involved.

The lead cases

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