Sex Discrimination Under Uk and Eec Law: Two Plus Four Equals One

THERE have, during the last five years, been no less than six cases' before the English courts involving sex discrimination in which EEC law has played a significant part. Though not all the cases were decided on the basis of EEC law, and some fell to be decided on the basis of domestic 2 law alone, there is little doubt that in all cases EEC law contributed significantly to the outcome. Of these six cases, two went on appeal to the House of Lords, 3 two to the Court of Appeal,4 and two to the Employment Appeal Tribunal. 5 Five cases 6 involved a reference to the Court of Justice under Article 1777 on the scope and applicability of Article 1198 and the EEC Directives on equal pay and equal treatment. In all cases except one, 9 it is submitted, the applicant would have failed without the benefit of EEC law. The Commission has on a number of occasions expressed the view that UK legislation on equal pay and sex discrimination, especially as interpreted by our courts, fails to comply fully with our EEC obligations. One action against the UK brought by the Commission under Article 169 t0 is pending before the European Court for our alleged failure to fulfil our obligations under the equal treatment directive; I1 the Court has recently passed judgment in another Article