Left job in 2005 - can I still claim for equal pay?
I was employed by Birmingham Cityserve as dinner lady and cleaner from approx 1997-2005. Unfortunately I have now left and I would like to know if I can still make a claim for equal pay compensation. I WAS NOT made aware of any compensation up until about 3 months ago from an old work colleague. Since then I have tried with my old employer but have not had much luck. I don't think it's fair that my employers did not inform me and I seem to be running into a brick wall
The general rule is that a claim for Equal Pay must be brought within 6 months of the employee leaving the employment to which her claim relates. On this analysis you are out of time. There is an exception to this general rule however. If an employer deliberately conceals from an employee the fact that a potential equal pay claim exists, then the 6 month period does not start until the date that the former employee may have reasonably known of her potential claim.
This 6 month limitation period only applies to former employees. If you remain an employee of the employer against whom you wish to complain there is no such limitation period. As awards of back pay only go back 6 years it is advisable to pursue a claim by way of a grievance as early as possible even if you remain an employee.
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