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. The tribunal has no discretion to extend time. Note that this is longer than the normal — three month — time period for tribunal claims.

In Birmingham City Council v Abdulla ([2012] UKSC 47), the Supreme Court confirmed that equal pay claims, as claims based on breach of contract, can also be brought in the civil courts. This allows a limitation period of six years from the end of the employment.

Claims for equal pay transfer to the transferee on a TUPE transfer. However, importantly, note that equal pay claims that have 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 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 any time limits especially as the tribunal has no power to extend time in an equal pay claim if the deadline is missed. Legal advice should be taken as soon as possible.