header-logo header-logo

Employment—Equal pay claims—Jurisdiction

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

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

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll