News & Events

Employment & Discrimination

Equal pay claims in the Civil Courts

Andrew Short QC and Naomi Ling have successfully argued before the Supreme Court that employees are entitled to bring claims for equal pay in the civil courts. In Birmingham City Council v Abdulla 174 former Council employees, represented by Leigh Day & Co, issued claims for breach of contract in the High Court. They did so on the basis that the Council had paid them less than predominantly male groups of staff, in breach of the Equal Pay Act 1970. In a judgment handed down on 24th October the Supreme Court ruled that they were entitled to do so. The Council applied to strike out the Claimants’ claims for equal pay on the basis that it was more ‘convenient’ to…

News 23 Oct, 2012

Outer Temple publishes Employment Appeal Tribunal Authorities Bundle

Outer Temple, in association with the IRLRs, the ICLR and BAILII, have produced a complete set of the EAT Authorities Bundle, available for free download.

External Publications 27 Sep, 2012

High Court strikes out race discrimination in provision of services claim against ambulance trust and police on appeal

The High Court has reversed the decision of a circuit judge and assessors and struck out a race discrimination claim against the ambulance and police services. Sir Charles Grey found that the County Court had been wrong to find the claim had a real chance of success on the basis that additional evidence to support it might emerge.

News 17 Jun, 2012

Will Young successfully resists sex discrimination EAT appeal

Will Young acted for the Claimant in successfully resisting an appeal by an employer against a finding that it had unfairly dismissed and discriminated against her (in the case of Rojas v Market One Ltd). The Employment Tribunal (before whom Will appeared for the Claimant in 2011) decided that the Claimant’s dismissal was as a result of her inability to work full time from the office, which she could not do due to child care responsibilities. This was held to amount to unfair dismissal and sex discrimination. On appear to the Employment Appeal Tribunal, the finding that the dismissal amounted to direct discrimination was overturned, but the findings that the dismissal was unfair and amounted to indirect discrimination were upheld.

News 5 Jun, 2012

Multiple equal pay claims allowed to proceed

Andrew Short QC, leading Naomi Cunningham, has secured a significant victory in ongoing mass equal pay litigation against Birmingham City Council. The Council argued that a number of claims were defeated because the claimants had agreed to the modified grievance procedure, which required them not only to state their grievance, but to set out the basis for it – and they had failed to set out the basis.

News 1 May, 2012

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