Macarthys Ltd v Smith [1979]


  • The final court proceeds arose after the result of an appeal to the European Court of Human Rights following a case where the Smith claimed that she was entitled to equal pay to a man doing the same job as her


  • Should EC law prevail over Westminster’s Equal Pay Act 1970


  • Yes, Smith succeeded


  • Unlike Lord Denning’s interpretation that Westminster Law would be supreme if it explicitly repealed EC law, EC law was supreme
  • Smith could directly compare her pay with another, male worker doing an identical job to that of her own at the same time
RELATED CASE  Clark v University of Humberside [2000]

Posted in Public Law Revision Notes.

This page was last updated on 31st January 2014

© 2020 Webstroke Law - Terms and Privacy Policy