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Equal pay: Claim cannot be more conveniently disposed of by a tribunal if it would be time barred

This report relates to 1 case(s)

In Abdulla and others v Birmingham City Council [2013] IRLR 38 SC, the Supreme Court held that the civil courts may not strike out an equal pay claim as being more conveniently disposed of by the employment tribunal when the claim cannot be pursued there because it is out of time.

Key points

  • An equal pay claim brought in a civil court cannot be struck out under s.2(3) of the Equal Pay Act 1970 on the ground that it could be more conveniently disposed of in the employment tribunal, if it would be time barred in the tribunal.