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Equal pay: Legality of backdated compensation limit referred to European Court of Justice

This report relates to 1 case(s)

In Levez v TH Jennings (Harlow Pools) Ltd 24.6.96 EAT 812/94, the EAT decides, by a majority, to refer a question to the European Court of Justice on whether the provision in the Equal Pay Act 1970 which permits an award of arrears of remuneration or damages only in respect of the two-year period prior to the issue of the claim is contrary to Community law. According to the lay members of the Employment Appeal Tribunal, there is a strongly arguable case that the United Kingdom statute is in breach of Article 119 of the Treaty of Rome and/or the EC Equal Pay Directive by failing to provide full compensation for the employer's breach of the principle of equal pay in the circumstances of this case.