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Macarthys Ltd v Smith [1979]

Facts

  • 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

Issue

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

Decision

  • Yes, Smith succeeded

Reasoning

  • Unlike Lord Denning’s interpretation that Westminster Law would be supreme if it explicitly repealed EC law, EC law was supreme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
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