Butt & Ors v Reading Borough Council [2020] EWCA Civ 1642 (22 October 2020)
On an objective reading of the claim form, in the context of the procedural history and the pleadings as a whole, the claims in the Gordon multiple were confined to the period following the introduction of the new pay structure on 1 May 2011 and did not include complaints about equal pay pre-dating that date.
- Citation
- [2020] EWCA Civ 1642
- Parties
- Claimants/respondents: Butt & Ors; Defendant/appellant: Reading Borough Council
- Jurisdiction
- England and Wales
- Judgment Date
- 22 October 2020
- Procedural Posture
- Appeal From Employment Appeal Tribunal / Court of Appeal Judgment
- Outcome
- Appeal allowed
- Legal Topics
- Equal Pay, Sex Discrimination, Construction of Pleadings, Limitation Periods
Case Brief
Summary, issues, holding and outcome
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Parties
Butt & Ors
Claimants/respondents
Reading Borough Council
Defendant/appellant
Procedural Posture
Appeal From Employment Appeal Tribunal / Court of Appeal Judgment
Legal Issues
- 1 Whether the claims in the Gordon multiple included complaints about equal pay pre-dating 1 May 2011
- 2 Proper construction of the claim form in the context of prior litigation
Ratio Decidendi
On an objective reading of the claim form, in the context of the procedural history and the pleadings as a whole, the claims in the Gordon multiple were confined to the period following the introduction of the new pay structure on 1 May 2011 and did not include complaints about equal pay pre-dating that date.
Court Disposition
Appeal allowed
Orders
- Decision of the Employment Tribunal restored
- Employment Appeal Tribunal judgment overturned
Full Case Text
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