''Macarthys Ltd v Smith'' (1980
is an
EU law
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its val ...
,
UK constitutional law
The United Kingdom constitutional law concerns the governance of the United Kingdom of Great Britain and Northern Ireland. With the oldest continuous political system on Earth, the British constitution is not contained in a single code but princ ...
and
UK labour law
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equit ...
case, concerning the construction of a sex discrimination statute, and its compatibility with European treaties, now in the
European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been de ...
.
Facts
Ms Wendy Smith worked for Macarthys Ltd in their factory. She was paid £50 a week, but a man who had previously worked in the same job for the company had been paid £60 a week. Ms Smith claimed this was unlawful according either to the
Equal Pay Act 1970
The Equal Pay Act 1970 was an Act of the Parliament of the United Kingdom that prohibited any less favourable treatment between men and women in terms of pay and conditions of employment. The Act was proposed by the then Labour government, and wa ...
, or the
Treaty of the European Community article 119. The company argued she had no claim because the UK's Equal Pay Act 1970 did not allow comparisons with former colleagues. Ms Smith argued that, if this was true under UK law, then European Community law did allow such a comparison, and it would override the UK statute.
Judgment
Court of Appeal
A majority held that Ms Smith had no claim because the EC treaties could not be used as an aid to interpreting UK law.
Lord Denning MR
Alfred Thompson "Tom" Denning, Baron Denning (23 January 1899 – 5 March 1999) was an English lawyer and judge. He was called to the bar of England and Wales in 1923 and became a King's Counsel in 1938. Denning became a judge in 1944 when ...
dissented, and said that it could. He went on as follows.
A
reference for a preliminary ruling was then made to the ECJ.
European Court of Justice
The ECJ held that Ms Smith had a claim because she could compare her pay with a former colleague, thus approving Lord Denning MR's dissent on the interpretation of the UK Act. The ECJ explained the equal work
Court of Appeal
Lord Denning
Alfred Thompson "Tom" Denning, Baron Denning (23 January 1899 – 5 March 1999) was an English lawyer and judge. He was called to the bar of England and Wales in 1923 and became a King's Counsel in 1938. Denning became a judge in 1944 wh ...
MR,
Lawton LJ
Sir Frederick Horace Lawton (21 December 1911 – 3 February 2001) was a British barrister and judge who served as Lord Justice of Appeal from 1972 to 1986.
Early life and career
Frederick Lawton was born in Wandsworth, London, the son of Wi ...
and
Cumming-Bruce LJ ordered Macarthys to pay costs to fulfil the order of the ECJ.
[ EWCA_Civ_7]
/ref>
_See_also
*UK_labour_law_
United_Kingdom_labour_law_regulates_the_relations_between_workers,_employers_and_trade_unions._People_at_work_in_the_UK_can_rely_upon_a_minimum_charter_of_employment_rights,_which_are_found_in_Acts_of_Parliament,_Regulations,_common_law_and_equit_...