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

Is it reasonable to dismiss an employee without any prior procedure being followed as a result of a breakdown in relations?

The Employment Appeal Tribunal (EAT) has upheld the Employment Tribunal’s (ET) finding that a dismissal may be fair despite no prior procedure being followed.

View blog

Furloughed employees entitled to full pay for redundancy purposes

The government has brought in new legislation to ensure that any employees who have been furloughed will have their statutory redundancy pay calculated based on their full-time wages as opposed their furloughed pay in the event that they are made redundant.

View blog

Return to work – all change or more of the same?

The Government has announced that its workplace guidance will change with effect from 1 August and its “work from home” message will be removed.

View blog

Will there be a return of employment tribunal fees?

The Government is reportedly considering the reinstatement of tribunal fees in respect of employment claims.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up