A Court of Appeal ruling means that employers may face equal pay claims brought in the High Court as a breach of contract claim even though a tribunal claim would be out of time.
Equal pay claims can be brought either in the employment tribunal (subject to a six month time limit) or as a contract claim in the courts for breach of the implied contractual equality clause (where the limitation period is normally six years).
The Court of Appeal has upheld a High Court decision that claimants who fail to present a tribunal claim for equal pay within the time limit can bring a claim in the High Court. The Court's discretion to strike out an equal pay claim where it could be more conveniently disposed of in the employment tribunal should not be exercised where the tribunal claim would be out of time. The Court disagreed with the High Court's decision in Ashby.
The employer is reported to be considering applying for permission to appeal. (Birmingham City Council v Abdulla, CA)
Key contacts
Steve Bell
Managing Partner - Employment, Industrial Relations and Safety (Australia, Asia), Melbourne
Emma Rohsler
Regional Head of Practice (EMEA) - Employment Pensions and Incentives, Paris
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