The restriction on the awards of compensation for sex discrimination to payments in respect of a period of two years prior to the claim was unlawful. Claims of other natures were not so limited, and this could not be supported, since it was in breach of EC law. The period of only two years in section 2(5) offended against the principle of equivalence under EU law. Compensation could not be so limited. Treaty law is to prevail over national law where there was a conflict.
The Honourable Mr Justice Morison (P)
Times 10-Nov-1999, EAT/311/99, EAT/812/94, [2000] ICR 58
EATn
EC Treaty Art 141, Equal Pay Act 1970 2(5)
England and Wales
Citing:
At ECJ – Levez v T H Jennings (Harlow Pools) Ltd ECJ 1-Dec-1998
Regulations debarred a claim after a certain time even where the delay had been because of a deliberate concealment of information by an employer.
Held: Availability of other means of redress was not sufficient to displace this rule.
See Also – Levez v T H Jennings (Harlow Pools) Ltd EAT 11-Oct-1996
A party sought to be joined to the case order to appeal it to the Curt of Appeal, and in turn to the European Court of Justice to challenge implementation of a European directive.
Held: Leave to join refused, but leave allowed to appeal . .
See Also – Levez v T H Jennings (Harlow Pools) Ltd EAT 6-Nov-1996
. .
Cited by:
Cited – Abdulla and Others v Birmingham City Council QBD 17-Dec-2010
The defendant applied for an order declaring that the claim would better be brought in an employment tribunal and that accordingly the County court should decline jurisdiction.
Held: The application was dismissed: ‘ I reject the submission by . .
Cited – Birmingham City Council v Abdulla and Others SC 24-Oct-2012
Former employees wished to argue that they had been discriminated against whilst employed by the Council. Being out of time for Employment Tribunal Proceedings, they sought to bring their cases in the ordinary courts. The Council now appealed . .
Lists of cited by and citing cases may be incomplete.
Updated: 10 August 2021; Ref: scu.171399
