header-logo header-logo

08 December 2011
Issue: 7493 / Categories: Case law , Law reports , In Court
printer mail-detail

Employment—Equal pay claims—Jurisdiction

Abdulla and others v Birmingham City Council [2011] EWCA Civ 1412, [2011] All ER (D) 210 (Nov)

Court of Appeal, Civil Division, Mummery, Davis LLJ and Dame Janet Smith, 29 Nov 2011

The expiration of the limitation period for presenting equal pay proceedings to the employment tribunal is a circumstance of considerable weight in deciding whether to strike out in-time equal pay claims in the ordinary courts under s 2(3) of the Equal Pay Act 1970 (EPA 1970).

Paul Epstein QC and Louise Chudleigh (instructed by Birmingham City Council Legal and Democratic Service) for the authority. Andrew Short QC and Naomi Ling (instructed by Leigh Day & Co) for the claimants.

The claimants were formerly in the employment of the appellant local authority and were mostly women. They brought an equal pay claim against the authority in the High Court alleging a breach of contract on the part of the authority as employer in not complying with its contractual obligations as modified by the equality clause implied into those contracts

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
back-to-top-scroll