Cheshire, United Kingdom (28th November, 2012) – Poole Alcock LLP, professional, qualified and experienced solicitors in Chester, comments as the Supreme Court concludes that a limitation time bar is not applicable in cases concerning equal pay.
The majority of the Supreme Court came to their decision on 24th October this year, with regards to the case of Birmingham City Council v Abdulla and others.
The claimants, former Birmingham City Council employees, brought a High Court equal pay claim against the council, founded on alleged breach of contract in the light of the equality clause implied by the Equal Pay Act 1970.
The claimants proceeded in the High Court because they were out of time to arrange an employment tribunal, due to the rule that such claims have to be presented within six months after the last day of employment.
The council had applied for these claims to be struck out under section 2(3) of the Act (the successor of which is section 128(1) of the Equality Act 2010), which states that: ‘Where it appears to the court in which any proceedings are pending that a claim or counter-claim in respect of the operation of an equality clause could more conveniently be disposed of separately by an employment tribunal, the court may direct that the claim or counter-claim shall be struck out.’
After the council’s applications failed in the High Court due to section 2(3), the matter came before the Supreme Court.
Lord Wilson, who gave the lead majority judgment, commented: “Parliament might well wish to consider introducing a relaxation of the usual limitation period for the presentation of a claim to the tribunal, for cases in which an equality clause has been brought in time, before the court and, were it not for the effect of the usual limitation period, would more conveniently be disposed of by the tribunal.”
A spokesperson for Poole Alcock commented: “The decision by the Supreme Court means that many people who may have thought that they were prevented from making a claim, as they were outside of the usual 6 month period, can now proceed with that claim.
“If you feel that you have the grounds to make a claim regarding payment inequality, we have a team of experienced solicitors and lawyers specialising in employment matters who can help you to get justice.”
For more information on Poole Alcock LLP and their solicitors in Cheshire and across the UK, visit their website at http://www.poolealcock.co.uk or telephone 01260 275337.
About Poole Alcock LLP:
Poole Alcock LLP is a leading solicitor in the North West of England and provides a wide range of legal services, including legal areas such as employment law, criminal defence, probate, debt recovery, childcare, adoption and more. Established for 120 years, Poole Alcock LLP continually maintains their traditional values which they blend with modern technology to offer their clients a professional, efficient and reliable legal service.
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