header-logo header-logo

Employment

17 March 2011
Issue: 7457 / Categories: Case law , Law digest
printer mail-detail

Ashby and others v Birmingham City Council [2011] EWHC 424 (QB), [2011] All ER (D) 48 (Mar) Queen’s Bench Division Slade J 3 Mar 2011

A court considering whether to strike out an equal pay claim or counterclaim under s 2(3) of the Equal Pay Act 1970 engaged in a two stage process. First, it would decide whether the claim could more conveniently be disposed of separately by an employment tribunal. If the court concluded that the claim could be more conveniently disposed of separately by an employment tribunal it would decide whether to exercise discretion to strike out the claim. Consideration should be given to the facts and circumstances of the particular proceedings and claims before the court.

Proceedings based on an equality clause were based on claims for breach of contract. The appropriateness of disposal of an equal pay claim in an employment tribunal was not determined by whether other claims were included in the proceedings. However, the fact that the only claim in court proceedings was for equal pay was a factor which could be taken

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll