Time limits

A woman can claim equal pay in the employment tribunal at any time while she is in the job, or within six months of leaving the job. There is no discretion to extend time.

Equal pay claims are based on breach of contract, so they can also be brought in the civil courts, where the limitation period is much longer — six years (Birmingham City Council v Abdulla [2012] UKSC 47).

Equal pay claims transfer to the transferee on a TUPE transfer (see TUPE: Chapter 12). However, claims built up before the transfer must be brought against the transferee within six months of the transfer date. Otherwise they will be out of time (Gutridge v Sodexo [2009] EWCA Civ 729).

Liability for pensions does not transfer under TUPE, so any equal pay claim in relation to pension rights must be brought against the old employer, within six months of the transfer date (Powerhouse Retail Ltd & others v Burroughs & others [2006] IRLR 381).

As always, great care must be taken in relation to time limits, especially as the tribunal has no power to extend time in an equal pay claim. Legal advice should be taken as soon as possible. The Acas EC regime applies to equal pay claims. For information, see Chapter 14.