Macarthys Ltd v Smith (1980) Case 129/79 is an EU law, UK constitutional law and UK labour law case, concerning the construction of a sex discrimination statute, and its compatibility with European treaties, now in the European Union.
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, 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. 3 All ER 325 Lord Denning MR dissented, and said that it could. He went on as follows. 3 All ER 325, 329
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. Case 129/79 The ECJ explained the equal work
Court of Appeal Lord Denning MR, Lawton LJ and Cumming-Bruce LJ ordered Macarthys to pay costs to fulfil the order of the ECJ. EWCA Civ 7
See also UK labour law EU law
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