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 capable of bearing such a meaning.
Lord Diplock said that: ‘it is a principle of construction of United Kingdom statutes . . that the words of a statute passed after the Treaty has been signed and dealing with the subject matter of the international obligation of the United Kingdom, are to be construed, if they are reasonably capable of bearing such a meaning, as intended to carry out the obligation, and not to be inconsistent with it.’
Judges:
Lord Diplock, Lord Edmund-Davies, Lord Fraser of Tullybelton, Lord Russell of Killowen, Lord Scarman
Citations:
[1982] UKHL 2, [1982] 2 WLR 918, [1981] 2 CMLR, [1983] 2 AC 751, [1982] ICR 420
Links:
Statutes:
EEC Treaty 177, Sex Discrimination Act 1975
Jurisdiction:
England and Wales
Citing:
See Also – Garland 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 . .
At ECJ – Garland v British Rail Engineering Ltd ECJ 9-Feb-1982
garland_breECJ1982
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 . .
Cited by:
Cited – Wilson and Others v St Helens Borough Council; Meade and Another v British Fuels Ltd HL 29-Oct-1998
The House faced two questions regarding the protection given by the Regulations: ‘whether the dismissed employee can compel the transferee to employ him or whether he is given the right to enforce as against the transferee such remedies under . .
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination
Updated: 09 July 2022; Ref: scu.248666