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 judge erred in law by failing to consider whether, in the particular circumstances of the claimants' cases, the claims could more conveniently be disposed of by an Employment Tribunal, especially given that the Tribunal was time-barred from hearing them. The judge also failed to make findings on whether the claimants acted reasonably in not commencing proceedings in the Tribunal. Therefore, the decision to strike out the claims under EqPA Section 2(3) and as an abuse of process cannot stand.

Citation
[2011] EWHC 424
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 of Courts and Tribunals, Abuse of Process, Statutory Construction
Employment Law Contract Law Equality Law Equal Pay Limitation Periods Jurisdiction of Courts and Tribunals Abuse of Process Statutory Construction

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

Ratio Decidendi

The County Court judge erred in law by failing to consider whether, in the particular circumstances of the claimants' cases, the claims could more conveniently be disposed of by an Employment Tribunal, especially given that the Tribunal was time-barred from hearing them. The judge also failed to make findings on whether the claimants acted reasonably in not commencing proceedings in the Tribunal. Therefore, the decision to strike out the claims under EqPA Section 2(3) and as an abuse of process cannot stand.

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