Following a hearing on 3rd December 2010, the High Court has today decided that hundreds of women can continue their claims for unpaid bonuses against Birmingham City Council in the High Court.
To Leigh Day’s knowledge no claim for equal pay has been brought in the High Court previously. Before, the vast majority of equal pay claims were brought in employment tribunals, where the standard time limit for bringing a claim is six months from the end of employment.
In 2008 Leigh Day were contacted by individuals who only became aware of their potential equal pay claim more than six months after they had left their employment with Birmingham City Council and so were unable to bring a claim in the employment tribunal.
Leigh Day was subsequently instructed by 174 women and brought their claims as breach of contract claims in the High Court, as the time limit is six years rather than six months. This met with fierce resistance by Birmingham City Council, who challenged the decision of the court to strike the claims out.
Mr Colin Edelman QC, sitting as Deputy Judge of the High Court, agreed with Leigh Day and their clients. The cases will now proceed to decide whether the women were entitled to bonuses received by those in male-dominated jobs. As Mr Edelman recognised, many of those battles have already been fought (and lost) by Birmingham City Council in the employment tribunal.
The judgment means that employees will be able to take advantage of the courts as well as the employment tribunals when claiming equal pay, which will make it less likely that employers will be able to continue with any discriminatory pay structures.
For more information please contact partner Chris Benson, specialist employment solicitor at Leigh Day & Co on 020 7650 1200.
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