header-logo header-logo

02 November 2012
Issue: 7536 / Categories: Case law , Law reports , In Court
printer mail-detail

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,

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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll