Alabaster v Barclays Bank Plc & Anor

Alabaster v Barclays Bank Plc & Anor

The appropriate remedy for the applicant's claim is under the Equal Pay Act 1970, with the requirement for a male comparator disapplied, as the Employment Rights Act 1996 regime is not equivalent or effective for enforcing Article 141 EC rights. The failure to include the pay rise in statutory maternity pay calculation was sex discrimination contrary to EC law, and the applicant is entitled to compensation and interest.

Parties
Appellant: Michelle Alabaster; First Respondent: Barclays Bank PLC; Second Respondent: The Secretary of State for Social Security
Jurisdiction
England and Wales
Judgment Date
03 May 2005
Procedural Posture
Civil Appeal / Court of Appeal Judgment After Reference to European Court of Justice
Outcome
Appeal allowed
Legal Topics
Statutory Maternity Pay, Equal Pay, Sex Discrimination, Limitation Periods, Remedies for Breach of EC Law
Employment Law European Union Law Discrimination Law Statutory Maternity Pay Equal Pay Sex Discrimination Limitation Periods Remedies for Breach of EC Law

Case Brief

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Parties

Michelle Alabaster

Appellant

Barclays Bank PLC

First Respondent

The Secretary of State for Social Security

Second Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment After Reference to European Court of Justice

Legal Issues

  1. 1 Whether failure to include a pre-maternity leave pay rise in statutory maternity pay calculation constitutes sex discrimination under EC law
  2. 2 Whether the Employment Rights Act 1996 provides an effective remedy for breach of Article 141 EC Treaty rights
  3. 3 Whether the requirement for a male comparator under the Equal Pay Act 1970 should be disapplied in this context

Ratio Decidendi

The appropriate remedy for the applicant's claim is under the Equal Pay Act 1970, with the requirement for a male comparator disapplied, as the Employment Rights Act 1996 regime is not equivalent or effective for enforcing Article 141 EC rights. The failure to include the pay rise in statutory maternity pay calculation was sex discrimination contrary to EC law, and the applicant is entitled to compensation and interest.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed
  • Second Respondent’s cross-appeal dismissed