In North Cumbria University Hospitals NHS Trust v Fox [2010] EWCA Civ 729, the pay terms of the Whitley Council agreement were replaced by the Agenda for Change (AfC) agreement.
The Court of Appeal held that the terms of the AfC agreement did not end the stability of the employment relationship between the hospital and its nurses - e.g. the AfC agreement did not fundamentally alter the job of a nurse or lead to any break in the employment relationship between the hospital and its nurses.
Therefore, the six-month time limit for bringing an equal pay claim did not begin on the date on which the pay terms of the Whitley Council agreement were replaced by the AfC agreement.
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