Macarthys Ltd v Smith (No.2) [1980] EWCA Civ 7 (17 April 1980)

Macarthys Ltd v Smith (No.2) [1980] EWCA Civ 7 (17 April 1980)

Article 119 of the Treaty of Rome, as incorporated by the European Communities Act 1972, overrides any inconsistent provision of the Equal Pay Act 1970, entitling a woman to equal pay with a male predecessor even if they were not employed contemporaneously.

Source-derived case information.

Citation
[1980] EWCA Civ 7
Parties
Appellant: Macarthys Limited; Respondent: Wendy Smith
Jurisdiction
England and Wales
Judgment Date
17 April 1980
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From Employment Appeal Tribunal
Outcome
appeal dismissed
Legal Topics
Equal Pay, Sex Discrimination, Direct Effect of EU Law, Statutory Interpretation
Employment Law Equality Law European Union Law Equal Pay Sex Discrimination Direct Effect of EU Law Statutory Interpretation

Source-derived case record

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Parties

Macarthys Limited

Appellant

Wendy Smith

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From Employment Appeal Tribunal

Legal Issues

  1. 1 Does the Equal Pay Act 1970 require contemporaneous employment for comparison?
  2. 2 Does Article 119 of the Treaty of Rome override inconsistent provisions of the Equal Pay Act 1970?
  3. 3 Is Community law directly applicable and supreme over inconsistent national law in the context of equal pay?

Ratio Decidendi

Article 119 of the Treaty of Rome, as incorporated by the European Communities Act 1972, overrides any inconsistent provision of the Equal Pay Act 1970, entitling a woman to equal pay with a male predecessor even if they were not employed contemporaneously.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs in this court to be paid by Macarthys Limited.
  • Certificate for two counsel granted to respondent.