Blaik v Post Office [1993] UKEAT 726_91_1611 (16 November 1993)

Blaik v Post Office [1993] UKEAT 726_91_1611 (16 November 1993)

Where domestic law (Sex Discrimination Act 1975) provides a sufficient remedy equivalent to the rights in the Equal Treatment Directive, a claimant cannot bypass domestic law to bring a direct claim under the Directive for the same facts.

Citation
[1993] UKEAT 726_91_1611
Parties
Appellant: Mr Blaik; Respondent: Post Office
Jurisdiction
United Kingdom
Judgment Date
16 November 1993
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Sex Discrimination, Direct Effect of EU Directives, Remedies Under Domestic Law, Equal Treatment Directive
Employment Law European Union Law Discrimination Law Sex Discrimination Direct Effect of EU Directives Remedies Under Domestic Law Equal Treatment Directive

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Blaik

Appellant

Post Office

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Decision

Legal Issues

  1. 1 Whether Mr Blaik can bring a claim under Article 5(1) of the Equal Treatment Directive 76/207 after an unsuccessful claim under the Sex Discrimination Act 1975 for the same facts
  2. 2 Whether domestic law provides a sufficient remedy, precluding direct reliance on the Directive

Ratio Decidendi

Where domestic law (Sex Discrimination Act 1975) provides a sufficient remedy equivalent to the rights in the Equal Treatment Directive, a claimant cannot bypass domestic law to bring a direct claim under the Directive for the same facts.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; no right to bring proceedings under Article 5(1) of the Equal Treatment Directive where domestic law provides a sufficient remedy.
  • Applications to set aside provisions of the Sex Discrimination Act and for joinder of parties refused.