Pickstone v Freemans plc
The House of Lords read words into regulations implementing EU law, so as to give effect to the Treaty principle of equal pay for work of equal value.
Facts
Mrs Pickstone and other women worked as warehouse operatives for Freemans, a mail order company. They claimed equal pay with a man employed as a checker warehouse operative, on the basis that their work was of equal value. Under the Equal Pay Act 1970, as amended by regulations made to comply with EU law, a woman could not make a claim for work of equal value if a man was employed on like work with her, as was the case here, because one man did the same work as the women.
Legal principle
The House of Lords held that the women could make their claim. The regulations had been made to give effect to the United Kingdom's obligations under EU law, and Parliament could not have intended to fail to comply with those obligations. Lord Templeman said that the regulations should be construed in a way that gives effect to the declared intention of the government and Parliament, even if this required words to be implied into them. The House considered the parliamentary debates on the regulations to determine their purpose.
Related cases on indirect effect and state liability
- Adeneler v Ellinikos Organismos Galaktos (ELOG) Case C-212/04, [2006] ECR I-6057
- Brasserie du Pêcheur SA v Germany; R v Secretary of State for Transport, ex p Factortame Ltd (No 3) Joined Cases C-46/93 and C-48/93, [1996] ECR I-1029
- Dillenkofer v Germany Joined Cases C-178/94, C-179/94 and C-188/94 to C-190/94, [1996] ECR I-4845
- Duke v GEC Reliance Ltd [1988] AC 618
- Francovich and Bonifaci v Italy Joined Cases C-6/90 and C-9/90, [1991] ECR I-5357
- Köbler v Austria Case C-224/01, [2003] ECR I-10239
- Litster v Forth Dry Dock & Engineering Co Ltd [1990] 1 AC 546
- Marleasing SA v La Comercial Internacional de Alimentación SA Case C-106/89, [1990] ECR I-4135
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