Birmingham City Council v Akhtar & Ors

Birmingham City Council v Akhtar & Ors

The Court held that the unions were acting on behalf of the respondents and that, in the context of a longstanding and well-known dispute, the documents submitted satisfied the requirements of regulation 9 of the 2004 Regulations, resulting in deemed compliance with the statutory grievance procedure. The appeal was dismissed as the technical requirements had been met in substance, if not in form.

Parties
Appellant: Birmingham City Council; Respondents: Parveen Akhtar and Others
Jurisdiction
England and Wales
Judgment Date
02 May 2012
Procedural Posture
Civil Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Equal Pay, Statutory Grievance Procedures, Collective Grievances, Trade Union Representation
Employment Law Civil Procedure Equal Pay Statutory Grievance Procedures Collective Grievances Trade Union Representation

Case Brief

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Parties

Birmingham City Council

Appellant

Parveen Akhtar and Others

Respondents

Procedural Posture

Civil Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the respondents' grievances complied with section 32 of the Employment Act 2002 before submitting equal pay claims
  2. 2 Whether the grievances satisfied the modified grievance procedure under Schedule 2, paragraph 9 of the 2002 Act
  3. 3 Whether regulation 9 of the Employment Act 2002 (Dispute Resolution) Regulations 2004 was satisfied, resulting in deemed compliance

Ratio Decidendi

The Court held that the unions were acting on behalf of the respondents and that, in the context of a longstanding and well-known dispute, the documents submitted satisfied the requirements of regulation 9 of the 2004 Regulations, resulting in deemed compliance with the statutory grievance procedure. The appeal was dismissed as the technical requirements had been met in substance, if not in form.

Court Disposition

appeal dismissed