Ashby & Ors v Birmingham City Council

Ashby & Ors v Birmingham City Council

The County Court judge erred in law by failing to consider the specific circumstances of the claimants and the reasons for not bringing timely Tribunal claims when exercising discretion under Section 2(3) of the Equal Pay Act 1970. The inability to bring the claim in the Tribunal due to time bar is a relevant factor, and practical justice requires considering whether the claimants acted reasonably. The decision to strike out the claims and to find abuse of process was therefore wrong and must be set aside.

Parties
Claimants/appellants: Ashby and others; Defendant/respondent: Birmingham City Council
Jurisdiction
England and Wales
Judgment Date
03 March 2011
Procedural Posture
Appeal / Judgment on 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, Forum Non Conveniens
Employment Law Contract Law Equality Law Equal Pay Limitation Periods Jurisdiction of Courts and Tribunals 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 / Judgment on 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 Section 2(3) of the Equal Pay Act 1970 on the basis that they could more conveniently be disposed of by an Employment Tribunal, despite the Tribunal being time-barred
  2. 2 Whether the claims constituted an abuse of process

Ratio Decidendi

The County Court judge erred in law by failing to consider the specific circumstances of the claimants and the reasons for not bringing timely Tribunal claims when exercising discretion under Section 2(3) of the Equal Pay Act 1970. The inability to bring the claim in the Tribunal due to time bar is a relevant factor, and practical justice requires considering whether the claimants acted reasonably. The decision to strike out the claims and to find abuse of process was therefore wrong and must be set aside.

Court Disposition

Appeal allowed

Orders

  • The decision to strike out the Appellants’ claims before the County Court under Equal Pay Act 1970 Section 2(3) is set aside.
  • The decision to strike out the claims as an abuse of process is set aside.