December 05, 2011
A group of female workers have won their right to take an equal pay claim against Birmingham City Council despite being outside the usual time limit. The Court of Appeal ruled that claims of this nature can be heard in the High Court as well as in Employment Tribunals. Unlike in the Tribunal there is no six month time limit for commencing a claim in the High Court, instead applicants have up to six years.
The case had been brought by a group of 174 women who worked as cooks, cleaners, caterers and care staff. They argue that they have been denied the bonuses usually handed out to employees in male dominated jobs. The High Court ruled in December last year that the High Court had jurisdiction to hear the claim. The Court of Appeal have now upheld that decision.
Lord Justice Mummery said in his judgement “the draconian consequences of striking out the claims in the ordinary courts in these cases would be that (a) the claimants would be deprived of their rights to pursue claims which they had brought in time in a court having jurisdiction to determine them on their merits; and (b) there would be nowhere else available for the claimants to have their claims determined on their merits, the ET being bound to dispose of them for lack of jurisdiction.”
A spokesperson for the council said “"We are disappointed by the judgment and are currently considering our next step, which could include an appeal."
Chris Benson who represented them said “’it is disappointing for our clients, and no doubt of concern to the taxpayers of Birmingham, that they have decided to appeal again to the supreme court and we would urge them to reconsider. In some councils these inequalities have only recently been phased out and in other cases the inequalities amazingly still exist."
