We recently reported the High Court decision in Abdulla that its discretion to strike out an equal pay claim where it could be more conveniently disposed of in the employment tribunal should not be exercised where the tribunal claim would be out of time (see our ebulletin).

A different judge has now ruled that the expiry of the tribunal time limit is just one factor to consider and the discretion could still be exercised in this situation if the interests of justice so demand. The reason why a tribunal claim was not commenced in time and whether the failure was reasonable would be relevant. (Ashby v Birmingham City Council, HC)