Local authority looks to take equal pay appeal to Supreme Court

Birmingham City Council is seeking to take a key equal pay case to the Supreme Court, it has emerged.

A spokeswoman for the local authority confirmed that an application for permission to appeal in Birmingham City Council v Abdulla & Ors [2011] EWCA 1412 had been lodged with the court.

The Court of Appeal ruled in November last year that 174 former female employees of the council could bring breach of contract claims in the High Court. This upheld a ruling by Mr Colin Edelman QC in the High Court in December 2010.

Birmingham unsuccessfully argued that the civil courts lacked jurisdiction and so the claims should be struck out.

The judgment has opened up a major new avenue for equal pay litigation because of the different time limits that apply to bringing claims.

The time limit at an Employment Tribunal for bringing an equal pay claim is six months, while in the civil courts it is six years after leaving employment or change of contract within employment.

The Abdulla ruling means that equal pay claims can be heard in the High Court as well as at an Employment Tribunal. This is thought to be the first time this has been possible since the introduction of the Equal Pay Act 1970.

Claimants who previously thought their claims were outside the limitation period, may now be able to bring proceedings.