Amica V Rhone Poulenc Chemicals Ltd [2003] UKEAT 1292_96_1903 (19 March 2003)

Amica V Rhone Poulenc Chemicals Ltd [2003] UKEAT 1292_96_1903 (19 March 2003)

It is not a breach of Community Law to require that the applicant bring her claim within six months of leaving employment; national limitation provisions are valid and do not infringe Article 119 of the Treaty of Rome.

Citation
[2003] UKEAT 1292_96_1903
Parties
Appellant: Applicant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
19 March 2003
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
appeal dismissed
Legal Topics
Equal Pay, Limitation Period, Breach of Contract, Discrimination
Employment Law Equality Law European Law Equal Pay Limitation Period Breach of Contract Discrimination

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Applicant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the claim under the Equal Pay Act 1970 was made within the statutory limitation period
  2. 2 Whether Article 119 of the Treaty of Rome provides a procedural limitation for equal pay claims
  3. 3 Whether national limitation provisions infringe Community Law

Ratio Decidendi

It is not a breach of Community Law to require that the applicant bring her claim within six months of leaving employment; national limitation provisions are valid and do not infringe Article 119 of the Treaty of Rome.

Court Disposition

appeal dismissed

Orders

  • stay on applicant's case lifted
  • respondent ordered to produce applicant's 1977 equal pay claim (deemed irrelevant)