Ashby and others v Birmingham City Council [2011] EWHC 424 (QB), [2011] All ER (D) 48 (Mar) Queen’s Bench Division Slade J 3 Mar 2011
A court considering whether to strike out an equal pay claim or counterclaim under s 2(3) of the Equal Pay Act 1970 engaged in a two stage process. First, it would decide whether the claim could more conveniently be disposed of separately by an employment tribunal. If the court concluded that the claim could be more conveniently disposed of separately by an employment tribunal it would decide whether to exercise discretion to strike out the claim. Consideration should be given to the facts and circumstances of the particular proceedings and claims before the court.
Proceedings based on an equality clause were based on claims for breach of contract. The appropriateness of disposal of an equal pay claim in an employment tribunal was not determined by whether other claims were included in the proceedings. However, the fact that the only claim in court proceedings was for equal pay was a factor which could be taken into account in determining the questions posed by s 2(3).
