Ashby & Ors v Birmingham City Council [2011] EWHC 424 (QB) (03 March 2011)

Ashby & Ors v Birmingham City Council [2011] EWHC 424 (QB) (03 March 2011)

The County Court erred in striking out the claims under EqPA Section 2(3) without considering whether, in the specific circumstances, the Employment Tribunal was actually a more convenient forum, given it was time-barred from hearing the claims and the claimants' reasons for delay. The judge failed to make findings on whether the claimants acted reasonably in not bringing claims in the Tribunal. The abuse of process finding was also unsustainable as it was based on the same erroneous reasoning.

Citation
[2011] EWHC 424 (QB)
Parties
Claimants/appellants: Ashby and others; Defendant/respondent: Birmingham City Council
Jurisdiction
England and Wales
Judgment Date
03 March 2011
Procedural Posture
Appeal / High Court Appeal From County Court Decision to Strike Out Claims
Outcome
Appeal allowed
Legal Topics
Equal Pay, Limitation Periods, Jurisdiction, Abuse of Process, Forum Non Conveniens
Employment Law Contract Law Equality Law Equal Pay Limitation Periods Jurisdiction Abuse of Process Forum Non Conveniens

Case Brief

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Parties

Ashby and others

Claimants/appellants

Birmingham City Council

Defendant/respondent

Procedural Posture

Appeal / High Court Appeal From County Court Decision to Strike Out Claims

Legal Issues

  1. 1 Whether the County Court was correct to strike out equal pay claims under Equal Pay Act 1970 Section 2(3) on the basis that they could more conveniently be disposed of by an Employment Tribunal, despite the Tribunal being time-barred from hearing them.
  2. 2 Whether the claims constituted an abuse of process because they were brought in the County Court after expiry of the Employment Tribunal limitation period.

Ratio Decidendi

The County Court erred in striking out the claims under EqPA Section 2(3) without considering whether, in the specific circumstances, the Employment Tribunal was actually a more convenient forum, given it was time-barred from hearing the claims and the claimants' reasons for delay. The judge failed to make findings on whether the claimants acted reasonably in not bringing claims in the Tribunal. The abuse of process finding was also unsustainable as it was based on the same erroneous reasoning.

Court Disposition

Appeal allowed

Orders

  • Decision to strike out the Appellants' claims under Equal Pay Act 1970 Section 2(3) is set aside.
  • Decision to strike out the claims as an abuse of process is set aside.