20 April 2012 #Employment
In Birmingham City Council v Abdulla (2011) leave has been granted to Birmingham City Council to appeal to the Supreme Court to decide whether claims can be brought in the civil courts where they will be in time, rather than restrict them to the employment tribunal where they will be out of time.
In this case 174 women submitted equal pay claims. The group comprised of cleaners, cooks, catering staff and care staff. They claimed compensation for bonuses they allege they were excluded from because they given to employees in traditionally male-dominated jobs such as refuse collectors, street cleaners, road workers and gravediggers.
The Court of Appeal case ruled that their claims for equal pay could proceed in the High Court, despite being time barred in the employment tribunal. The Council argued that the claims could only be heard in the employment tribunal, which stipulates that cases must be lodged within 6 months after leaving employment, compared with a 6 year time limit for claims brought in the High Court.