All items: Tribunal and court procedure

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  A Dugdale and others v Kraft Foods Ltd [1976] IRLR 368 EAT (1 report relating to this case)

  • Equal pay: "Trivial differences" should be disregarded in determining whether there is like work

    Date:

    24 November 1976

    In the Capper Pass v Lawton, the EAT hold that in determining whether a woman and a man are employed on broadly similar work, Industrial Tribunals should disregard "trivial differences or differences not likely in the real world to be reflected in terms and conditions of employment". And in Dugdale and others v Kraft Foods Ltd, the EAT hold that the time that the work is performed should also be disregarded when considering whether jobs constitute like work within the s.1(4) definition.

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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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  Adegbuji v Meteor Parking Ltd EAT/1570/09 (1 report relating to this case)

  • Tribunal procedure: "Fresh evidence" challenges to tribunal decisions should be dealt with by review not appeal

    Date:

    15 September 2010

    In Adegbuji v Meteor Parking Ltd EAT/1570/09, the EAT dismissed an appeal seeking to challenge a tribunal decision on the basis of fresh evidence because the claimant had failed to show that the evidence could not have been put before the tribunal at the time of the hearing. The EAT also remarked that, in general, the appropriate course for parties seeking to rely on new evidence is to apply to the tribunal for a review.

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  Aldridge v British Telecommunications plc [1990] IRLR 10 EAT (1 report relating to this case)

  • Procedure in equal value cases "scandalous"

    Date:

    1 January 1990

    In Aldridge v British Telecommunications plc (26 September 1989) EOR29B, the EAT gives guidance on how an industrial tribunal should treat a report of an independent expert, but characterises the procedural rules as "scandalous" and amounting to "a denial of justice".

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  Anderson and others v South Tyneside Council [2005] All ER (D) 91 (Jun) EAT (1 report relating to this case)

  • Points of procedure

    Date:

    30 December 2005

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

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  Ashmore v British Coal Corporation [1990] IRLR 283 CA (1 report relating to this case)

  • Equal pay claim struck out as abuse of process

    Date:

    1 May 1990

    In Ashmore v British Coal Corporation (27 February 1990) EOR31G, the Court of Appeal upholds an industrial tribunal's decision to strike out an equal pay claim where the claimant sought to have it relisted after it had been stayed, where the issues in the case had been determined in sample cases.

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  Avon County Council v Foxall and others [1989] IRLR 435 EAT (1 report relating to this case)

  • Decision to introduce job evaluation not grounds for staying equal value case

    Date:

    1 July 1989

    In Avon County Council v Foxall and others (19.4.89) EOR26C, the EAT holds that as a matter of discretion it would not be right to order that equal value complaints be stayed pending the implementation of a job evaluation scheme.

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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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  Birmingham City Council v Bagshaw and others EAT/0107/16 (1 report relating to this case)

  • Case round-up

    Date:

    1 February 2017

    Chris Cook is a partner and Keely Rushmore is a senior associate at SA Law. They round up the latest rulings.

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  Byrne and others v The Financial Times Ltd [1991] IRLR 417 EAT (1 report relating to this case)

  • No order for particulars showing precise components of pay variation

    Date:

    1 November 1991

    In Byrne and others v The Financial Times Ltd (16 July 1991) EOR40D, the EAT upholds a decision that the employers did not have to provide, by way of further and better particulars of their material factor defence under s.1(3) of the Equal Pay Act 1970, a breakdown of the difference between the applicants' salaries and those of their comparators and an allocation of a specific sum to a particular fact in the work history of each comparator.