Macarthys Ltd v Wendy Smith. [1980] EUECJ R-129/79 (27 March 1980)

Macarthys Ltd v Wendy Smith. [1980] EUECJ R-129/79 (27 March 1980)

The principle of equal pay for equal work in Article 119 EEC is not confined to situations where men and women are contemporaneously employed; it applies where a woman receives less pay than a man who previously held the same post and performed equal work, unless the pay difference is justified by factors unrelated to sex discrimination.

Citation
[1980] EUECJ R-129/79
Parties
Appellant: Macarthys Ltd; Respondent: Wendy Smith
Jurisdiction
European Union
Judgment Date
27 March 1980
Procedural Posture
Preliminary Ruling / Judgment on Reference From Court of Appeal (england)
Outcome
Preliminary ruling issued; questions answered as to interpretation of Article 119 EEC Treaty; no order as to costs between parties.
Legal Topics
Equal Pay, Sex Discrimination, Interpretation of Article 119 EEC Treaty, Direct Effect of EU Law
Labour Law European Union Law Equality Law Equal Pay Sex Discrimination Interpretation of Article 119 EEC Treaty Direct Effect of EU Law

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Parties

Macarthys Ltd

Appellant

Wendy Smith

Respondent

Procedural Posture

Preliminary Ruling / Judgment on Reference From Court of Appeal (england)

Legal Issues

  1. 1 Does Article 119 EEC Treaty on equal pay require contemporaneous employment for comparison?
  2. 2 Does the principle of equal pay apply where a woman is paid less than a man who previously held the same post?
  3. 3 Is Article 1 of Directive 75/117/EEC directly applicable?

Ratio Decidendi

The principle of equal pay for equal work in Article 119 EEC is not confined to situations where men and women are contemporaneously employed; it applies where a woman receives less pay than a man who previously held the same post and performed equal work, unless the pay difference is justified by factors unrelated to sex discrimination.

Court Disposition

Preliminary ruling issued; questions answered as to interpretation of Article 119 EEC Treaty; no order as to costs between parties.

Orders

  • Article 119 EEC is not confined to contemporaneous employment for equal pay comparisons.
  • Article 119 EEC applies where a woman is paid less than a male predecessor for equal work.