In a recent Supreme Court case it was decided that a claimant who is out of time for bringing an equal pay claim in the Tribunal can bring the claim in the civil courts.

The claimants were four women who were former employees of Birmingham City Council.  They brought equal pay claims under the Equal Pay Act 1970 arguing that they had been employed on work rated as equivalent to that of certain men in the same employment, but they did not receive equal remuneration.

Such a claim would normally have been presented in the Employment Tribunal.  However, the claimants were outside of the six-month time limit for bringing a claim in the Tribunal.

Birmingham argued that the claims “could more conveniently be disposed of” in the Tribunal, in which case they would be struck out for being out of time.

In a majority decision, the Supreme Court held that the claims could not be more conveniently disposed of by the Tribunal.  The Court stated:

“It cannot be more convenient for a claim to be disposed of in a forum in which, at the outset, and without reference to its merits, it would be required to be dismissed”. Supreme Court

It was suggested that Parliament had permitted the 6-month time limit under the Equal Pay Act 1970 because they recognised that the claimant could have recourse to court were she to be outside the Tribunal time limit.