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ARTICLE · 26 MARCH 2013

Equality Issues

Charles Russell Speechlys LLP
Charles Russell Speechlys LLP
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Charles Russell Speechlys LLP

Charles Russell Speechlys LLP

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As widely reported in the press, the Supreme Court in "Birmingham City Council v Abdulla & Ors" has ruled that claimants who are out of time for bringing equal pay claims in an employment tribunal can still bring the claim in the civil courts.

United KingdomEmployment and HR

Equal pay claims can be brought in civil courts

As widely reported in the press, the Supreme Court in Birmingham City Council v Abdulla & Ors has ruled that claimants who are out of time for bringing equal pay claims in an employment tribunal can still bring the claim in the civil courts unless it would be an abuse of process to do so.

Although the case involved the public sector this decision has potentially serious ramifications for the financial services sector given the long recognised gender pay gap within the sector.

Key points to take away

  • The majority of equal pay claims are still likely to be brought in the tribunal as this has the advantage of being quicker and there are less risks in relation to costs as these are still rarely awarded against the losing party.

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