marshall v southampton health authority 1986 summary

Marshall was dismissed after 14 years on 31 March 1980, approximately four weeks after attaining the age of 62, despite her expressing a willingness to continue in employment until the age of 65 (4 February 1983). If a certain provision of EU law is horizontally directly effective, then citizens are able to rely on it in actions against each other. (a minor suing by her mother and next friend S.G.) v Health Service Executive (Approved) [2022] IESC 14 (11 March 2022) Higgins v Irish Aviation Authority [2022] IESC 13_4 (07 March 2022) However, while direct effect would allow legal actions based on directives against the state ( vertical direct effect ), the ECJ did accept that the 'state' could . EN. EU laws have direct effect against government institutions, whether acting in public or private capacity, Marshall was an employee of an Area Health Authority (AHA) in the UK, She was dismissed at the age of 62 having passed the normal retirement age of 60 for female employees, In contrast, the the normal retirement age of males was 65, She alleged sex discrimination contrary to the Equal Treatment Directive. OBSERVING THAT THE RESPONDENT WAS CONSTITUTED UNDER SECTION 8 ( 1 ) A ( B ) OF THE NATIONAL HEALTH SERVICE ACT 1977 AND WAS THEREFORE AN ' EMANATION OF THE STATE ' , THE COURT OF APPEAL REFERRED THE FOLLOWING QUESTIONS TO THE COURT OF JUSTICE FOR A PRELIMINARY RULING : ' ( 1 ) WHETHER THE RESPONDENT ' S DISMISSAL OF THE APPELLANT AFTER SHE HAD PASSED HER 60TH BIRTHDAY PURSUANT TO THE POLICY ( FOLLOWED BY THE RESPONDENT ) AND ON THE GROUNDS ONLY THAT SHE WAS A WOMAN WHO HAD PASSED THE NORMAL RETIRING AGE APPLICABLE TO WOMEN WAS AN ACT OF DISCRIMINATION PROHIBITED BY THE EQUAL TREATMENT DIRECTIVE . This related to the case of Marshall no.1 (see above under General Reading). . She claimed damages, but the national law had set a limit on the amount of damages claimable which was . SOCIAL POLICY - MEN AND WOMEN WORKERS - ACCESS TO EMPLOYMENT AND WORKING CONDITIONS - EQUAL TREATMENT - DIRECTIVE NO 76/207 - ARTICLE 5 ( 1 ) - DISMISSAL - CONCEPT. '. IT FOLLOWS THAT A DIRECTIVE MAY NOT OF ITSELF IMPOSE OBLIGATIONS ON AN INDIVIDUAL AND THAT A PROVISION OF A DIRECTIVE MAY NOT BE RELIED UPON AS SUCH AGAINST SUCH A PERSON . Where financial compensation was the measure adopted to restore a situation Human mobility: Movement of people, including temporary or long-term, short- or long-distance, internal 76/207, that those provisions are sufficiently clear to enable national courts to apply them without legislative intervention by the Member States, at least so far as overt discrimination is concerned. 5 ( 1 )). The free movement of goods is an essential element of the internal market and both EU legislation and the decisions of the Court of Justice support the achievement of this aspect of economic integration. Euro Brokers Holdings Ltd v Monecor (London) Ltd. Case Summary of Euro Brokers Holdings Ltd v Monecor (London) Ltd [2003] 1 BCLC 506. The wide scope of public Authorities was left to the national courts of Member states. How Many Visitors Visit Mount Rushmore Each Year, 5 ( 1 )), 4 . '. - Directives do not have horizontal effect as per Marshall v Southampton Health and South West Area Health Authority (Case C - 152/84) [1986] ECR 723. The ECJ decided in 1986 that the termination of Miss M H Marshall's employment constituted unlawful discrimination on grounds of sex: (1986 ECR 723. 8 HOWEVER , THE RESPONDENT WAS PREPARED , IN ITS ABSOLUTE DISCRETION , TO WAIVE ITS GENERAL RETIREMENT POLICY IN RESPECT OF A PARTICULAR INDIVIDUAL IN PARTICULAR CIRCUMSTANCES AND IT DID IN FACT WAIVE THAT POLICY IN RESPECT OF THE APPELLANT BY EMPLOYING HER FOR A FURTHER TWO YEARS AFTER SHE HAD ATTAINED THE AGE OF 60 . IN EITHER CASE IT IS NECESSARY TO PREVENT THE STATE FROM TAKING ADVANTAGE OF ITS OWN FAILURE TO COMPLY WITH COMMUNITY LAW . Innenstadt 1982[ ECR]53,atp.71and26 February1986 Casein 15284 / Marshall v Southampton and South-West Hampshire Area Health Authority 1986 ECR723, [ ] atp. v Ministry for Finance of the Italian Republic (Case 43-71) [1971] ECR 1039. Download Full PDF Package. It was later explained that vertical direct effect may also affect bodies that could be described as an emanation of the state. held a state is any manifestation or organisation under control of a central Wells et al. However the position in relation to directives is more complex and highly controversial. Grounds This was finally made explicit by the ECJ in its decision in M.H. Critically discuss with reference to decided cases and academic opinion. 21 BY THE FIRST QUESTION THE COURT OF APPEAL SEEKS TO ASCERTAIN WHETHER OR NOT ARTICLE 5 ( 1 ) OF DIRECTIVE NO 76/207 MUST BE INTERPRETED AS MEANING THAT A GENERAL POLICY CONCERNING DISMISSAL , FOLLOWED BY A STATE AUTHORITY , INVOLVING THE DISMISSAL OF A WOMAN SOLELY BECAUSE SHE HAS ATTAINED OR PASSED THE QUALIFYING AGE FOR A STATE PENSION , WHICH AGE IS DIFFERENT UNDER NATIONAL LEGISLATION FOR MEN AND FOR WOMEN , CONSTITUTES DISCRIMINATION ON GROUNDS OF SEX , CONTRARY TO THAT DIRECTIVE . 9 German food law at the time prescribed that for certain food products any deviation from the original recipe (in this case, e.g., the use of vegetable oils instead of eggs and butter in the production of certain biscuits) should be clearly stated on the product packaging. The AHA were able to waive the term, which was deemed an implied term of Marshall's contract of employment and had done so for a further two years after she attained the age of 60. The judgement stated that, if certain criteria were satisfied, the provisions in question would give rise to rights or obligations on which individuals may rely on before their national courts; meaning they would be directly effective. TEU, to compensate individuals affected by the violation. ( COUNCIL DIRECTIVE NO 76/207 , ART . ON 5 MAY 1983 THE COMMISSION SUBMITTED TO THE COUNCIL A PROPOSAL FOR A DIRECTIVE ON THE IMPLEMENTATION OF THE PRINCIPLE OF EQUAL TREATMENT FOR MEN AND WOMEN IN OCCUPATIONAL SOCIAL SECURITY SCHEMES ( OFFICIAL JOURNAL 1983 , C 134 , P . 49 IN THAT RESPECT IT MUST BE POINTED OUT THAT WHERE A PERSON INVOLVED IN LEGAL PROCEEDINGS IS ABLE TO RELY ON A DIRECTIVE AS AGAINST THE STATE HE MAY DO SO REGARDLESS OF THE CAPACITY IN WHICH THE LATTER IS ACTING , WHETHER EMPLOYER OR PUBLIC AUTHORITY . 48. H . including pounds 7,710 for interest. REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE COURT OF APPEAL OF ENGLAND AND WALES FOR A PRELIMINARY RULING IN THE PROCEEDINGS PENDING BEFORE THAT COURT BETWEEN, SOUTHAMPTON AND SOUTH-WEST HAMPSHIRE AREA HEALTH AUTHORITY ( TEACHING ). Case 152/84. 44 WITH REGARD TO THE LEGAL POSITION OF THE RESPONDENT ' S EMPLOYEES THE UNITED KINGDOM STATES THAT THEY ARE IN THE SAME POSITION AS THE EMPLOYEES OF A PRIVATE EMPLOYER . 6 IN THAT RESPECT IT APPEARS FROM THE DOCUMENTS BEFORE THE COURT THAT THE RESPONDENT HAS FOLLOWED A GENERAL POLICY SINCE 1975 THAT ' THE NORMAL RETIREMENT AGE WILL BE THE AGE AT WHICH SOCIAL SECURITY PENSIONS BECOME PAYABLE ' . In either case it is necessary to prevent the State from taking advantage of its own failure to comply with Union law. 32 THE COURT OBSERVES IN THE FIRST PLACE THAT THE QUESTION OF INTERPRETATION WHICH HAS BEEN REFERRED TO IT DOES NOT CONCERN ACCESS TO A STATUTORY OR OCCUPATIONAL RETIREMENT SCHEME , THAT IS TO SAY THE CONDITIONS FOR PAYMENT OF AN OLD-AGE OR RETIREMENT PENSION , BUT THE FIXING OF AN AGE LIMIT WITH REGARD TO THE TERMINATION OF EMPLOYMENT PURSUANT TO A GENERAL POLICY CONCERNING DISMISSAL . Each member state to which a Directive was addressed was required to accordance with the applicable national rules. Law) issued in furtherance of the EC's general policy on non-discrimination, 1/1. U.K., Dowson v Chief Constable of Northumbria, [2010] EWHC 2612 (QB) U.K., Marshall v Southampton Area Health Authority, [1986] 1 QB 401 U.K., Webb v EMO Cargo Limited, [1993] 1 WLR 49 NRA 5961 Evelyn Baring, 1st Earl of Cromer: corresp and papers link to online catalogue. [Case closed] Main proceedings. effect) of Union law would be diminished if individuals were not able to obtain Append an asterisk (, Other sites managed by the Publications Office, Portal of the Publications Office of the EU. Area Health Authority [1986] I.R.L.R. To export a reference to this article please select a referencing stye below: EU law, or European Union law, is a system of law that is specific to the 28 members of the European Union. It concerned a Miss Marshall who had been employed as a Senior Dietician with the Southampton and South West Hampshire Area Health Authority (Teaching) from the 23rd of May 1974 until her dismissal on the 31st of March 1980, that is to say four weeks after she reached the age of 62. ( 2 ) ARTICLE 5 ( 1 ) OF COUNCIL DIRECTIVE NO 76/207 OF 9 FEBRUARY 1976 , WHICH PROHIBITS ANY DISCRIMINATION ON GROUNDS OF SEX WITH REGARD TO WORKING CONDITIONS , INCLUDING THE CONDITIONS GOVERNING DISMISSAL , MAY BE RELIED UPON AS AGAINST A STATE AUTHORITY ACTING IN ITS CAPACITY AS EMPLOYER , IN ORDER TO AVOID THE APPLICATION OF ANY NATIONAL PROVISION WHICH DOES NOT CONFORM TO ARTICLE 5 ( 1 ). Sir Keir Starmer was facing a crisis on two fronts last night as a witness prepared to tell police the Labour leader's lockdown curry had broken pandemic rules and a leaked document appeared to . On appeal, the House of Lords sought clarification from the ECJ, who replied with A Directive may be invoked against a body, whatever its legal form, which has been made responsiblefor providing a public service under the state and has for that purpose special powers beyond those which result in from the normal rules applicable in relations between individuals. On this interpretation a nationalised undertaking such as British Gas would be a public body against which a directive may be enforced, as the House of Lords decided. Oxbridge Notes is operated by Kinsella Digital Services UG. SOCIAL POLICY - MEN AND WOMEN WORKERS - ACCESS TO EMPLOYMENT AND WORKING CONDITIONS - EQUAL TREATMENT - EXCEPTIONS WITH REGARD TO SOCIAL SECURITY MATTERS - EXCEPTION WITH REGARD TO PENSIONABLE AGE - STRICT INTERPRETATION, ( COUNCIL DIRECTIVE NO 76/207 , ART . predecessor (Macarthys Ltd. v. Smith, 1981), to work to age sixty-five (Marshall v. Southampton and S.W. It is also clear, from a decision of the European Court in Marshall v Southampton Area Health Authority (1986) I.C.R. Do you have a 2:1 degree or higher? 2010-2023 Oxbridge Notes. Subject of the case definition of the "state", for the purpose of determining which organisations in Article 249 states that regulations are directly applicable and of general application. Facts [ edit] Helen Marshall, a senior dietitian, claimed that her dismissal on grounds of being old violated the Equal Treatment Directive 1976. [13] Marshall v Southampton and South Wales Hampshire Area Health Authority [1993] 4 All ER 586, CJEC. question created rights that could be enforced between individuals, that is, it Governmental Structure: Union Institutions I; Summary of Case 194/94 CIA Security v Signalson [1996] Chapter: 03. Cited - M H Marshall v Southampton And South West Hampshire Area Health Authority (Teaching) ECJ 26-Feb-1986 ECJ The court considered the measure of compensation in a successful claim for sex discrimination arising from the health authority's provision of an earlier compulsory retirement age for women compared with that . House of Lords asked whether it followed from the Directive that a victim of Miss Marshall claimed compensation under. Member State. The government argued that the directive could not be relied upon against the AHA as: the AHA was acting in a private capacity as an employer, and, The Equal Treatment Directive can be relied upon against the AHA, The Directive precludes sex discrimination in retirement age in national legislation, Directives do not have horizontal effect; under Article 288 TFEU, directives are binding only upon each member state to which it was addressed, But directives can have vertical direct effect against a member states regardless of the capacity in which it was acting whether as an employer or as a public authority, In either case, it is necessary to prevent the State from taking advantage of its own failure to comply with EU law, The argument by the UK government that this would give rise to an arbitrary and unfair distinction between the rights of private and public employees does not justify any other conclusion, such a distinction can be avoided if the member state has correctly implemented the directive into national law, The test for a public authority is a functional one: whether an entity is carrying out a public service with special powers, Unfairness can be result as an applicant employed by a private hospital would not have been able to rely on the Directive, creating a two tier legal system for public and private employers, The estoppel argument (that the government cannot rely on its own failure to implement a directive) cannot justify application of the directive to the AHA since it is not responsible for transposing the terms of directive into national law. 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