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If your employee has a claim for equal pay, how long after the inequality stops should they be able to bring a claim against you?
This issue was decided by the Supreme Court in the case of Abdulla v Birmingham City Council. The Court found in the Claimants’ favour. So where the 6 month time limit in the Employment Tribunal has been missed, equal pay claims can now be brought in the High Court where the time limit is 6 years.
Staff who now work at an Academy but transferred there from Local Authority employment, may now be able to bring claims that were previously out of time. Whether the costs and potential liability of that claim is the responsibility of the Academy or the Local Authority will depend on what has been agreed within the Commercial Transfer Agreement at the time of conversion.
Whether the change will result in a flood of new claims for historic inequality in pay remains to be seen.
The Government has been firm that there will be no extension to the current Job Retention Scheme which is due to end on 31 October. However yesterday saw the announcement of the Job Support Scheme.
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At a time when Tribunal resources are being increasingly stretched, this case should act as a reminder for both parties.
There is currently a backlog of employment tribunals – with the number of cases being dealt with rising by 26% since March, and expected to continue to rise with the end of the current Coronavirus Job Retention Scheme next month.
The Internal Market Bill is published today, but amid much controversy.
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