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02 November 2012
Issue: 7536 / Categories: Case law , Law reports , In Court
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Employment—Equality of treatment of men and women—Equal pay for equal work

Birmingham City Council v Abdulla and others [2012] UKSC 47

Supreme Court, Lady Hale, Lord Wilson, Lord Sumption, Lord Reed and Lord Carnwath, 24 October 2012

On the true construction of the first part of s 2(3) of the Equal Pay Act 1970 (EPA 1970) and s 128(1) of the Equality Act 2010 (EqA 2010), a claim in respect of the operation of an equality clause can never be more conveniently disposed of by the tribunal if it would thereby be time-barred.

Andrew Short QC and Naomi Ling (instructed by Leigh Day & Co) for the claimants. Paul Espstein QC, Louise Chudleigh and Nathan Caiden (instructed by Birmingham City Council Legal and Democratic Services) for the authority.

The claimants were formerly employed by the defendant local authority and were mostly women. They brought an equal pay claim against the authority in the High Court. The claims would have been out of time had they been issued in the employment tribunal,

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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