Diocese Of Hallam Trustee v Connaughton [1996] UKEAT 1128_95_0104 (1 April 1996)

Diocese Of Hallam Trustee v Connaughton [1996] UKEAT 1128_95_0104 (1 April 1996)

Industrial Tribunal has jurisdiction to hear equal pay claims under Article 119 of the Treaty of Rome even where the comparator is a male successor; Article 119 is not confined to contemporaneous or preceding comparators, and evidential difficulties do not bar such claims.

Citation
[1996] UKEAT 1128_95_0104
Parties
Applicant: Miss Connaughton; Respondent/appellant: Roman Catholic Diocese of Hallam
Jurisdiction
United Kingdom
Judgment Date
01 April 1996
Procedural Posture
Appeal From Industrial Tribunal / Jurisdictional Appeal; Remitted for Merits Hearing
Outcome
Appeal dismissed; matter remitted for merits hearing
Legal Topics
Equal Pay, Sex Discrimination, Jurisdiction of Industrial Tribunal, Article 119 Treaty of Rome
Employment Law European Law Equality Law Equal Pay Sex Discrimination Jurisdiction of Industrial Tribunal Article 119 Treaty of Rome

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Parties

Miss Connaughton

Applicant

Roman Catholic Diocese of Hallam

Respondent/appellant

Procedural Posture

Appeal From Industrial Tribunal / Jurisdictional Appeal; Remitted for Merits Hearing

Legal Issues

  1. 1 Whether an Industrial Tribunal has jurisdiction to hear an equal pay claim based on Article 119 of the Treaty of Rome when the comparator is a male successor rather than a contemporaneous or preceding employee
  2. 2 Whether Article 119 allows comparison with a successor for equal pay claims

Ratio Decidendi

Industrial Tribunal has jurisdiction to hear equal pay claims under Article 119 of the Treaty of Rome even where the comparator is a male successor; Article 119 is not confined to contemporaneous or preceding comparators, and evidential difficulties do not bar such claims.

Court Disposition

Appeal dismissed; matter remitted for merits hearing

Orders

  • Matter remitted to Industrial Tribunal for substantive hearing