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- Unlike Lord Denning’s interpretation that Westminster Law would be supreme if it explicitly repealed EC law, EC law was supreme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