Lawrence & Ors v Regent Office Care Ltd & Ors [1998] UKEAT 676_97_0511 (5 November 1998)

Lawrence & Ors v Regent Office Care Ltd & Ors [1998] UKEAT 676_97_0511 (5 November 1998)

Article 119 does not permit employees to compare themselves with employees of entirely different employers unless they are, in a loose and non-technical sense, in the same establishment or service. The scope of Article 119 is not unlimited and does not override the boundaries set by domestic law, such as section 1(6) of the Equal Pay Act 1970. The appeal is dismissed as Article 119 does not support the wider interpretation sought by the appellants.

Citation
[1998] UKEAT 676_97_0511
Parties
Appellants: Former employees of North Yorkshire County Council; Respondent: First Respondent; Respondent: Second Respondent; Respondent: Third Respondent
Jurisdiction
United Kingdom
Judgment Date
05 November 1998
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Equal Pay, Sex Discrimination, Article 119 Treaty of Rome, Comparators, Transfer of Undertakings
Employment Law European Union Law Equality Law Equal Pay Sex Discrimination Article 119 Treaty of Rome Comparators Transfer of Undertakings

Case Brief

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Parties

Former employees of North Yorkshire County Council

Appellants

First Respondent

Respondent

Second Respondent

Respondent

Third Respondent

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Scope of Article 119 of the Treaty of Rome regarding equal pay
  2. 2 Whether employees can compare pay with employees of different employers under Article 119
  3. 3 Application of Equal Pay Act 1970 in light of Article 119

Ratio Decidendi

Article 119 does not permit employees to compare themselves with employees of entirely different employers unless they are, in a loose and non-technical sense, in the same establishment or service. The scope of Article 119 is not unlimited and does not override the boundaries set by domestic law, such as section 1(6) of the Equal Pay Act 1970. The appeal is dismissed as Article 119 does not support the wider interpretation sought by the appellants.

Court Disposition

appeal dismissed

Orders

  • No referral to European Court of Justice
  • No change to comparator requirements under Article 119