Garland v British Rail Engineering Ltd: ECJ 9 Feb 1982


The fact that an employer (although not bound to do so by contract) provides special travel facilities for former male employees to enjoy after their retirement constitutes discrimination within the meaning of article 119 against former female employees who do not receive the same facilities. Where a national court is able, using the criteria of equal work and equal pay, without the operation of community or national measures, to establish that the grant by an employer of special travel facilities solely to retired male employees represents discrimination based on difference of sex, the provisions of article 119 of the Treaty apply directly to such a situation.

C-12/81, [1983] 2 AC 751, [1982] 2 WLR 918, [1982] ICR 420, [1982] 2 All ER 402, R-12/81
Reference fromGarland v British Rail Engineering Ltd HL 19-Jan-1981
There was a dispute between an employee of the company, a subsidiary of the British Railways Board, a body created by the Transport Act 1962 to manage the railways in the united kingdom, and her employer concerning discrimination alleged to be . .

Cited by:
CitedPickstone v Freemans Plc HL 30-Jun-1988
The claimant sought equal pay with other, male, warehouse operatives who were doing work of equal value but for more money. The Court of Appeal had held that since other men were also employed on the same terms both as to pay and work, her claim . .
CitedDennison v Krasner, Lesser, Lawrence CA 6-Apr-2000
A retirement annuity or personal pension was part of a bankrupt’s estate before the recent Act, and vested immediately in the trustee on the bankruptcy. As such there was no need to make application to the court under s310 for an income payment . .
At ECJGarland v British Rail Engineering Ltd (No 2) HL 22-Apr-1982
Under English law and under Community law, the national court should construe a regulation adopted to give effect to a Directive as intended to carry out the obligations of the Directive and as not being inconsistent with it if it is reasonably . .

Lists of cited by and citing cases may be incomplete.

European, Discrimination

Leading Case

Updated: 01 November 2021; Ref: scu.133173