The Supreme Court will decide whether the High Court has jurisdiction to hear equal pay claims after giving Birmingham City Council permission to appeal a Court of Appeal (CoA) ruling.
The decision will impact hundreds of equal pay claimants who had thought their claims sat outside the Employment Tribunal (ET) limitation period. The case is scheduled to be heard on 11 July.
Birmingham City Council has instructed Cloisters employment silk Paul Epstein QC to lead the appeal, after the CoA found that the High Court has jurisdiction to hear equal pay claims (20 November 2011).
That decision had given hope to hundreds of equal pay claimants who had thought that such claims had to be heard in the ET meaning they were out of time to bring them.
Leigh Day & Co partner Chris Benson instructed Outer Temple barrister Andrew Short QC to represent 174 women with alleged equal pay claims. The group, who worked as cleaners, cooks, catering staff and care staff, want compensation for bonuses they allege they were excluded from because they were handed to employees in traditionally male-dominated jobs such as refuse collectors, street cleaners, road workers and gravediggers.
The council tried at the High Court to have the claim struck out on the basis that the court did not have jurisdiction to hear the claims, arguing that they were better suited to the more ET.
Leigh Day countered that to transfer the claims to the ET would render them outside its specific limitation period leaving the tribunal with little choice but to strike out the proceedings.
Readers' comments (9)
Anonymous | 21-Apr-2012 5:30 pm
I am an ex Employee of Birmingham City council awaiting to hear of the claim i made against them. I think it is absolutely disgusting if they get away with this. i have always worked since leaving school and working as a care assistant for Birmingham City council was one of the hardest jobs I have had to do as well as raising a child as a lone parent. To think that this organisation has deliberately kept us women down by low unequal pay is cruel and heartless. We have earned every penny of that money owed unlike the big corporations that steal money! I am in debt up to my eyeballs because of the ripple effect of this and still I get up and go to work even though all I want to do is give up through being tired of the constant inequality I have to suffer for being a female. Fact is look at the statistics of the women that work in these roles, they are more often than not either women of colour and or single moms, hence the discrimination in the first instance. Think about what women really contribute to society and think about how little say they have in things. Birmingham City council should pay what they OWE and stop forcing women and families into poverty through discrimination!
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Anonymous | 10-May-2012 10:07 pm
I am also an ex-employee of B'ham City council but male. Does the legal ruling/argument only apply to women?
I would be interested to hear if this is the case as there were many 'other' male roles which were paid far less than people supposedly on the same grade at the time.
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Anonymous | 16-May-2012 8:25 am
I also work at present for BCC, there modus operndi
is "just keep stalling and wasting time they may go away". Managers bury their heads in the sand until such time as it's passed to a higher authority.
Good luck and all the best for the hearing.
Price.
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Anonymous | 3-Aug-2012 12:08 pm
I also used to work for BCC, having left nearly ten years ago would I be entitled to claim for equal pay
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Anonymous | 7-Aug-2012 0:30 am
I work for the bcc and put in a claim for equal pay in 2007 most of my colleagues have revived their payouts but I still have not heard anything when I ring up my solicitors they say they are waiting for my case number from the tribunal so they can forward it to bcc who will then make me an offer, just wanted to ask if anyone else is facing this problem
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Anonymous | 2-Sep-2012 9:56 am
Why have we not heard the outcome of the case yet?
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Anthea Rowe | 9-Sep-2012 9:20 pm
I phoned up unison to ask them what I had to do and if there was a form I needed to fill in they told me I could put it in writing (which I did) but said I was to late that I would be wasting my time is there any thing I can do now?
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barbara cartmill | 11-Sep-2012 12:15 pm
i worked for pcc in milford haven from 2000 to 2008 at the time we were fighting for equal pay i was not in the union,colleges who left before me that were in the union got paid out i was never informed about it,asked pcc they said i was outside the scoop lots of people not paid out,what can i do next please as i should be entitled to about £5,500
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lisa | 19-Jan-2013 2:45 pm
i use to work for the council but another firm took over the school i work at. Am i entitled to any think and can any one give me a good solicitor or number i can get in touch with to deal with my case.
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