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In Birmingham City Council v Abdulla, the High Court held that equal pay claims, which would have been out of time in the Employment Tribunal, could proceed in the civil courts instead, and the council appealed against this decision.
The Court of Appeal held that although the civil courts have discretion to strike out applications that could more conveniently be determined in the Employment Tribunal, the purpose of that was to decide the distribution of judicial business and not to stifle claims. The Court of Appeal noted that, except in cases where the process has been abused, claimants should not have to explain why they did not go to the tribunal in time.
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