Supreme Court agrees to hear key equal pay case

Birmingham City Council has persuaded the Supreme Court to hear a key equal pay case.

In January the local authority lodged an application for permission to appeal the case of Birmingham City Council v Abdulla & Ors [2011] EWCA 1412.

A three-judge panel at the Supreme Court – comprising Lady Hale, Lord Wilson and Lord Sumption – granted permission last month.

The Court of Appeal’s ruling in November 2011 indicated that a major new avenue for equal pay litigation would be opened up.

It upheld a High Court ruling that 174 former female employees of the council could bring breach of contract claims in the High Court.

The local authority had submitted that the civil courts lacked jurisdiction and so the claims should be struck out.

The time limit for bringing an equal pay claim in the Employment Tribunal is six months. In the civil courts, however, it is six years after leaving employment or change of contract within employment. Claimants who thought they were out of time may be able to bring a case as a result.

The Abdulla ruling is thought to be the first time it has been possible to bring claims in the High Court since the introduction of the Equal Pay Act 1970.

See also: The ongoing battle over equal pay Charles Pigott analyses the latest developments in this type of litigation.