Naomi Pearson

UK Business News, 05 December 2011

 

Cooks, cleaners, caterers and care staff have won a landmark Court of Appeal decision, which opens the doors to many more equal pay claims.

 

The ruling, involving Birmingham City Council employees, gave 174 female ex-employees the right to have their cases heard in the High Court, even though their claims were made outside the usual time limit for tribunal cases. The ex-employees claimed they were not paid bonuses that were paid to men in equivalent-level jobs.

 

Recent equal pay decisions, such as a ruling against Sheffield City Council, means women in female-dominated occupations can make equal pay claims on the basis of inequality with male-dominated roles such as refuse collectors and grave diggers. Compensation has already been distributed to Birmingham council workers, but only to current employees or those who had left within six months of the claim.

 

The significance of this case means employees who thought their claims were barred by tribunal time limits can now seek to recover compensation. Employment tribunal cases must normally be lodged within six months of employment termination or a change of contract. The High Court has a much longer time limit of six years.

 

The decision opens the way to thousands of potential claimants, in both the private and public sector, who thought their claims were outside the limitation period to come forward.