All items: Time limits

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  Abdulla and others v Birmingham City Council [2013] IRLR 38 SC (2 reports relating to this case)

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

    Date:

    6 March 2013

    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.

  • Civil courts retain discretion on striking out equal pay claims time-barred in employment tribunals

    Date:

    24 October 2012

    The Supreme Court has held that civil courts should retain their discretion when deciding whether or not to strike out equal pay claims that are time-barred from being heard in the employment tribunal. 

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  Birmingham City Council v Abdulla and others [2011] EWCA Civ 1412 CA (1 report relating to this case)

  When this case went to the Supreme Court, the majority dismissed the appeal (Abdulla and others v Birmingham City Council [2013] IRLR 38 SC).

  • Civil courts' discretion to strike out equal pay claims time-barred from tribunal

    Date:

    7 December 2011

    The Court of Appeal has held that civil courts should not strike out equal pay claims that are time-barred from the employment tribunal unless the claimant's reasons for failing to bring the claim in the tribunal amount to an abuse of process. 

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  British Railways Board v Paul [1988] IRLR 20 EAT (1 report relating to this case)

  • No time limit on equal pay complaints

    Date:

    1 September 1988

    In British Railways Board v Paul (25.9.87) EOR21C, the EAT holds that the wording of s.2(4) of the Equal Pay Act, which has been generally understood to preclude complaints unless the applicant has been employed in the employment within the preceding six months, does not apply to complaints by former employees and only applies where the case has been referred to an industrial tribunal by the Secretary of State.

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  Cannon v Barnsley Metropolitan Borough Council [1992] IRLR 474 EAT (1 report relating to this case)

  • Emmott applied

    Date:

    1 November 1992

    In Cannon v Barnsley Metropolitan Borough Council (17 June 1992) EOR46B, the EAT directly applies the principles set out by the European Court of Justice in Emmott v Minister for Social Welfare EOR40A to hold that the time limit for bringing a complaint under EEC law in respect of a discriminatory redundancy payment did not begin to run until the provisions of the Employment Act 1989 removing the discriminatory treatment came into force.

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  Council of the City of Newcastle upon Tyne v Allan and others; Degnan and others v Redcar and Cleveland Borough Council [2005] IRLR 504 EAT (1 report relating to this case)

  • Equal pay: No non-economic losses in equal pay claims

    Date:

    15 July 2005

    In Council of the City of Newcastle upon Tyne v Allan and others, Degnan and others v Redcar and Cleveland Borough Council, the EAT holds that there can be no claim for non-economic loss, that is for injury to feelings or for exemplary or aggravated damages, in claims under the Equal Pay Act 1970 because these are claims in contract rather than statutory torts, as in claims under the Sex Discrimination Act 1975.

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  Etherson v Strathclyde Regional Council [1992] IRLR 392 EAT (1 report relating to this case)

  • Time limit operates on equal pay claims

    Date:

    1 September 1992

    In Etherson v Strathclyde Regional Council (11 June 1992) EOR45D, the EAT holds that an equal pay claim must be presented to an industrial tribunal within six months of the termination of the employment to which the claim relates.

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  Fletcher and others v Midland Bank plc [1996] IRLR 484 EAT (1 report relating to this case)

  • Equal pay: Limitations on part-timers' pension claims

    Date:

    1 September 1996

    In Preston and others v Wolverhampton Healthcare NHS Trust and others and Fletcher and others v Midland Bank plc, the EAT holds that part-time employees' claims for unlawful exclusion from occupational pension schemes were only in time if begun within six months of the end of the contract of employment allegedly breached by denial of access to the relevant scheme.

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  Fletcher and others v Midland Bank plc [1997] IRLR 233 CA (1 report relating to this case)

  • Transfer of undertakings: Limitations on part-timers' pension claims compatible with EC law

    Date:

    1 April 1997

    The six-month time limit for bringing claims under the Equal Pay Act 1970, and the two-year limitation on the retrospective recovery of compensation under that Act, are compatible with the Community law right of part-time workers not to suffer indirect sex discrimination in relation to the grant of access to an occupational pension scheme, holds the Court of Appeal in Preston and others v Wolverhampton Healthcare Trust and another and Fletcher and others v Midland Bank plc.

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  Fletcher and others v Midland Bank plc [2000] IRLR 506 ECJ (1 report relating to this case)

  • Equal pay: Limitation of right to retroactive membership of pension scheme is contrary to Community law

    Date:

    1 June 2000

    Community law precludes a national procedural rule which provides that a claimant's pensionable service is to be calculated only by reference to service after a date falling no earlier than two years prior to the date of the claim, rules the European Court of Justice in Preston and others v Wolverhampton Healthcare NHS Trust and others and Fletcher and others v Midland Bank plc.

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  Gdynia American Shipping Lines (London) Ltd v Chelminski [2004] IRLR 725 CA (1 report relating to this case)

  • Points of procedure

    Date:

    26 November 2004

    A review of recent significant cases on practice and procedure in the employment tribunals, EAT and Court of Appeal.