Podcast Location:
Download it here [file size: 34.9 MB]
Categories:
Employment Law
Pensions Law
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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Regulated by the Bar Standards Board:
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Regulated by ILEX:
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Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast is aimed at employment law practitioners interested in the jurisdiction of the High Court and County Court in relation to Equal Pay claims in light of the Court of Appeal’s judgment in Birmingham CC v Abdulla [2011] EWCA Civ 1412 on 29th November 2011. The podcast considers the factual and legislative background to the case and the implications it will have for ordinary equal pay cases in the future.

Date Recorded: 21st February 2012

Outcomes:
After completing the course you will:
  • Understand the legislative background to equal pay rights;
  • Be familiar with the “equality clause” and understand how it operates;
  • Be aware of the different limitation periods between equal pay actions in the ordinary courts and those in the employment tribunal;
  • Understand how the issue of forum is determined;
  • Understand what factors were in issue in the case of Birmingham CC v Abdulla [2011] EWCA Civ and how the Court of Appeal responded;
  • Have considered what this case means for the jurisdiction of the High Court and County Court in relation to claims relying upon the Equal Pay Act 1970.
Level:
Specialist Difficulty: 5 of 5
Classification:
Case Update
Legal Principles
Practical Guide
Sources and References:
  • Alabaster v (1) Barclays Bank (2) Sec of State for Social Security (No. 2) [2005] IRLR;
  • Article 1 of Directive No 75/117;
  • Article 157 (ex Art. 141; ex Art. 119) Treaty of Rome;
  • Ashby v Birmingham CC [2011] IRLR 473;
  • Birmingham CC v Abdulla [2011] EWCA Civ 1412;
  • Equal Pay Act 1970;
  • Equality Act 2010;
  • Extension of Jurisdiction Order 1994;
  • Gutridge v Sodexo [2009] ICR 1486;
  • Levez v T.H. Jennings (Harlow Pools) (No. 2) [2000] ICR 58;
  • Occupational Pension Schemes (Equal Treatment) Regulations 1995 (SI 1995/3183);
  • Pensions Act 1995;
  • Preston v Wolverhampton Healthcare NHS Trust & Others [2001] AC 455 576, CA;
  • Restick v. Crickmore [1994] 1 WLR 420;
  • Sorbie v Trust House Forte Hotels Ltd [1976] IRLR 371;
  • Spiliada [1987] 1 AC 460.

In this podcast Naomi Ling from Outer Temple Chambers discusses equal pay claims in the civil courts in light of the Court of Appeal’s judgment in Birmingham CC v Abdulla [2011] EWCA Civ 1412 on 29th November 2011.

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