0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

opening the floodgates for old equal pay claims

20 December 2010

Generally speaking, an equal pay claim in an employment tribunal must be brought within six months of the end of employment. Last Friday a High Court judge has held that such claims may also be pursued in the courts, where a time limit of six years applies.

In Abdulla v Birmingham City Council 174 female employees brought claims that failure to give them pay equal to predominantly male groups was a breach of their contracts of employment. The Council applied to strike out the claims. In dismissing that application Colin Edelman QC said that the High Court did have jurisdiction to hear the claims, even though the six month time limit for a complaint to the employment tribunal had passed.

The case is only at a preliminary stage, but the final decision may open a new route for employees to bring equal pay claims which were previously thought to be time-barred and possibly resurrect claims that had previously been struck out because they were brought too late.

related opinions

High Court finds against WASPI women

The High Court has rejected the judicial review claim brought by the campaign group BackTo60 against the Department of Work and Pensions (DWP).

View blog

When does misconduct by a professional amount to professional misconduct?

The Court of Appeal has considered what amounts to professional conduct for the purposes of the MHPS in the case of Idu –v- The East Suffolk & North Essex NHS Foundation Trust.
The allegations raised against the Appellant surgeon included, amongst others, refusals to follow management instructions and inappropriate (rude, uncivil, and, on occasions, aggressive) verbal and written communications.

View blog

Vegetarianism is not a philosophical belief under the Equality Act 2010

In its Judgment earlier this month, the Tribunal considered whether vegetarianism is capable of being a philosophical belief capable of protection under the Equality Act 2010.

View blog

Time to increase the £25,000 cap on contractual claims in the Employment Tribunal?

The recent case of Ugradar v Lancashire Care NHS Foundation Trust has highlighted that the current cap on contractual claims that can be awarded in the Employment Tribunals is outdated and capable of producing real injustice.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up