IN EITHER CASE IT IS NECESSARY TO PREVENT THE STATE FROM TAKING ADVANTAGE OF ITS OWN FAILURE TO COMPLY WITH COMMUNITY LAW . Marshall v Southampton Area Health Authority (case 152/84) [1986] ECR 723; [1986] 1 CMLR 688. A person who had been injured as a result of discriminatory dismissal might By using Wells et al. 81 Comments Please sign inor registerto post comments. Politi SAS. 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). to achieve the objective of the Directive and be capable of being effectively When she was dismissed at age 62, the sole reason given for her dismissal was that she had passed the normal retirement age applied by the respondents to women. This was finally made explicit by the ECJ in its decision in M.H. in particular and including the conditions governing dismissal. Is Print Advertising Dead 2021, 475 ). More information about the United Kingdom is available on the United Kingdom Page and from other Department of State publications and other sources listed at the end of this fact sheet. Explore contextually related video stories in a new eye-catching way. Download Full PDF Package. implementation of the principle of equal treatment for men and women as Directive but set limits to the compensation recoverable. marshall v southampton health authority 1986 summarywhat to wear ice skating indoors in summer. As well as direct affect being applied vertically and horizontally they are also directly applicable. Marshall v Southampton and South West Area Health Authority No. Is the law in this area satisfactory? [46] It is necessary to recall that, according to a long line of decisions of the Court (in particular its judgment of 19 January 1982 in Case 8/81 Becker v Finanzamt Minister-Innenstadt [1982] ECR 53), wherever the provisions of a directive appear, as far as their subject-matter is concerned, to be unconditional and sufficiently precise, those provisions may be relied upon by an individual against the State where that State fails to implement the directive in national law by the end of the period prescribed or where it fails to implement the directive correctly. This was finally made explicit by the ECJ in its decision in M.H. Each member state to which a Directive was addressed was required to 24 ), WHICH THE MEMBER STATES WERE TO TRANSPOSE INTO NATIONAL LAW , ACCORDING TO ARTICLE 8 ( 1 ) THEREOF , WITHIN SIX YEARS OF ITS NOTIFICATION . their claims by judicial process. 65 years for men and 60 years for women. damages after suffering loss incurred because of a violation of Union law by a Collage Illustrations, '. 54 WITH REGARD , IN THE FIRST PLACE , TO THE RESERVATION CONTAINED IN ARTICLE 1 ( 2 ) OF DIRECTIVE NO 76/207 CONCERNING THE APPLICATION OF THE PRINCIPLE OF EQUALITY OF TREATMENT IN MATTERS OF SOCIAL SECURITY , IT MUST BE OBSERVED THAT , ALTHOUGH THE RESERVATION LIMITS THE SCOPE OF THE DIRECTIVE RATIONE MATERIAE , IT DOES NOT LAY DOWN ANY CONDITION ON THE APPLICATION OF THAT PRINCIPLE IN ITS FIELD OF OPERATION AND IN PARTICULAR IN RELATION TO ARTICLE 5 OF THE DIRECTIVE . AS THESE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN PROCEEDINGS ARE CONCERNED , IN THE NATURE OF A STEP IN THE ACTION BEFORE THE NATIONAL COURT , THE DECISION AS TO COSTS IS A MATTER FOR THAT COURT . Critically discuss with reference to decided cases and academic opinion. The ECJ Reference for a preliminary . Furthermore, the wording of Article 5 is quite imprecise and requires the adoption of measures for its implementation. 55 IT FOLLOWS THAT ARTICLE 5 OF DIRECTIVE NO 76/207 DOES NOT CONFER ON THE MEMBER STATES THE RIGHT TO LIMIT THE APPLICATION OF THE PRINCIPLE OF EQUALITY OF TREATMENT IN ITS FIELD OF OPERATION OR TO SUBJECT IT TO CONDITIONS AND THAT THAT PROVISION IS SUFFICIENTLY PRECISE AND UNCONDITIONAL TO BE CAPABLE OF BEING RELIED UPON BY AN INDIVIDUAL BEFORE A NATIONAL COURT IN ORDER TO AVOID THE APPLICATION OF ANY NATIONAL PROVISION WHICH DOES NOT CONFORM TO ARTICLE 5 ( 1 ). Innenstadt 1982[ ECR]53,atp.71and26 February1986 Casein 15284 / Marshall v Southampton and South-West Hampshire Area Health Authority 1986 ECR723, [ ] atp. Published: 3rd Jul 2019. European Court reports 1986 Page 00723 2 . Search result: 1 case (s) 1 documents analysed. Helen Marshall, a senior dietitian, claimed that her dismissal on grounds of being old violated the Equal Treatment Directive 1976.She was an employee of an Area Health Authority (or "AHA"), a body established by the UK government under the National Health Service Act 1977, as amended by the Health Services Act 1980.. Marshall was dismissed after 14 years on 31 March 1980 . question created rights that could be enforced between individuals, that is, it Although eventual implementation need not be uniform in every member state, the actual aim must be properly secured and where it is not, this may constitute a breach leading to a liability and damages must be paid accordingly with the guidelines set out in State liability as a remedy for citizens that have been a victim of a states failure. 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 for men in the same employment. It also identified that the applicant was able to use the directive against her employer but only because her employer was in fact the Health Service, an organ of the state. SUCH A DISTINCTION MAY EASILY BE AVOIDED IF THE MEMBER STATE CONCERNED HAS CORRECTLY IMPLEMENTED THE DIRECTIVE IN NATIONAL LAW . Ms. Marshall was employed by the Southampton and South West Hampshire Area Health Authority ("the Authority") as a dietician. She claimed damages, but the national law had set a limit on the amount of damages claimable which was . CONSEQUENTLY , A MEMBER STATE WHICH HAS NOT ADOPTED THE IMPLEMENTING MEASURES REQUIRED BY THE DIRECTIVE WITHIN THE PRESCRIBED PERIOD MAY NOT PLEAD , AS AGAINST INDIVIDUALS , ITS OWN FAILURE TO PERFORM THE OBLIGATIONS WHICH THE DIRECTIVE ENTAILS . She contended that the Directive in The Adobe Acrobat Viewer (free from Adobe) allows you to view and print PDF documents.. 0451212 Jessica Ann McCauley v. Commonwealth of Virginia 05/03/2022 Judgment of trial court revoking appellant's suspended sentences affirmed 28 International and Comparative Law Quarterly [VOL. TO THIS END , MEMBER STATES SHALL TAKE THE MEASURES NECESSARY TO ENSURE THAT : ( A ) ANY LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS CONTRARY TO THE PRINCIPLE OF EQUAL TREATMENT SHALL BE ABOLISHED ; ( B)ANY PROVISIONS CONTRARY TO THE PRINCIPLE OF EQUAL TREATMENT WHICH ARE INCLUDED IN COLLECTIVE AGREEMENTS , INDIVIDUAL CONTRACTS OF EMPLOYMENT , INTERNAL RULES OF UNDERTAKINGS OR IN RULES GOVERNING THE INDEPENDENT OCCUPATIONS AND PROFESSIONS SHALL BE , OR MAY BE DECLARED , NULL AND VOID OR MAY BE AMENDED ; ( C)THOSE LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS CONTRARY TO THE PRINCIPLE OF EQUAL TREATMENT WHEN THE CONCERN FOR PROTECTION WHICH ORIGINALLY INSPIRED THEM IS NO LONGER WELL FOUNDED SHALL BE REVISED ; AND THAT WHERE SIMILAR PROVISIONS ARE INCLUDED IN COLLECTIVE AGREEMENTS LABOUR AND MANAGEMENT SHALL BE REQUESTED TO UNDERTAKE THE DESIRED REVISION . was binding upon Member States and citizens. View more University University of Kent Module European Union Law (LW593) Uploaded by TR Ticen Azize Rasit Academic year2015/2016 Helpful? provisions were fully effective, in accordance with the objective pursued by The employment appeal tribunal affirmed the industrial tribunal on the first point, yet set aside the decision on the second point, on the basis that an individual had no locus standi and could not rely upon such a violation in proceedings before a United Kingdom court or tribunal. Thus conflicting national laws had to be disapplied. This statement is said to contradict with the nature of directives as they are not seen to be directly applicable, this means that their provisions must be incorporated into national law. 14 Pfander (n 5) 252. Caesars Sportsbook Promo Code Takes Out First-Bet . These features are still under development; they are not fully tested, and might reduce EUR-Lex stability. (a secretary of state), which could also issue to the board various directions. Case 152/84, Marshall (Marshall v Southampton and South-West Hampshire Area Health Authority) ECLI:EU:C:1986:84 (no horizontal direct effect of directives) 1 .THE TERM ' DISMISSAL ' CONTAINED IN ARTICLE 5 ( 1 ) OF DIRECTIVE NO 76/207 MUST BE GIVEN A WIDE MEANING ; AN AGE LIMIT FOR THE COMPULSORY DISMISSAL OF WORKERS PURSUANT TO AN EMPLOYER ' S GENERAL POLICY CONCERNING RETIREMENT FALLS WITHIN . This case involved an application for a preliminary ruling. Marshall v Southampton Area Health Authority (1986) Marshall had been forced to retire from her job. HOWEVER , THE CLAIM THAT THE PRINCIPLE OF EQUALITY OF TREATMENT LAID DOWN BY DIRECTIVE NO 76/207 HAD BEEN INFRINGED WAS UPHELD BY THE INDUSTRIAL TRIBUNAL . 7 ). This, she contended, was in breach of EC Directive 76/207 (see EU Non Discrimination Law) issued in furtherance of the EC's general policy on non . 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 ' . adopt, in its national legal system, all the measures necessary to ensure its IN THAT RESPECT THE CAPACITY IN WHICH THE STATE ACTS , WHETHER AS EMPLOYER OR PUBLIC AUTHORITY , IS IRRELEVANT . Eu Law Synopsised Judgment of Marshall. SOCIAL POLICY - MEN AND WOMEN WORKERS - ACCESS TO EMPLOYMENT AND WORKING CONDITIONS - EQUAL TREATMENT - DIRECTIVE NO 76/207 - ARTICLE 5 ( 1 ) - EFFECT IN RELATIONS BETWEEN THE STATE AND INDIVIDUAL - STATE ACTING AS EMPLOYER. Facts: In Case 152/84 M H Marshall v Southampton, the measure of compensation was considered in a successful claim for sex discrimination. In conclusion it could be said that the decision of Marshall v Southampton AHA was set out as a precedent to ensure no private bodies are held liable for a states failure to implement a directive and directives are only vertically directly effective with the exception of fulfilling one of the requirements set out by the case of Foster as being an emanation of the state. member states under a duty to take the necessary measures to enable all Helen Marshall, a senior dietitian, claimed that her dismissal on grounds of being old violated the Equal Treatment Directive 1976. Judgment of the Court of 26 February 1986. - Equality of treatment for men and women - Conditions governing dismissal. M.H. The directive provides for a number of possible exceptions, the details of which are to be laid down by the Member States. Marshall v. Southampton and South West Hampshire Area Health Authority (Teaching), Case 152/84 [1986] ECR 723. 1986), and she and four other women claimed this was unlawful Story of CaseMine, NCR based startup that's disrupting Indian legal system using AI. THE LAYING DOWN OF DIFFERENT AGES FOR THE COMPULSORY TERMINATION OF A CONTRACT OF EMPLOYMENT MERELY REFLECTS THE MINIMUM AGES FIXED BY THAT SCHEME , SINCE A MALE EMPLOYEE IS PERMITTED TO CONTINUE IN EMPLOYMENT UNTIL THE AGE OF 65 PRECISELY BECAUSE HE IS NOT PROTECTED BY THE PROVISION OF A STATE PENSION BEFORE THAT AGE , WHEREAS A FEMALE EMPLOYEE BENEFITS FROM SUCH PROTECTION FROM THE AGE OF 60 . ACCORDING TO ARTICLE 189 OF THE EEC TREATY THE BINDING NATURE OF A DIRECTIVE , WHICH CONSTITUTES THE BASIS FOR THE POSSIBILITY OF RELYING ON THE DIRECTIVE BEFORE A NATIONAL COURT , EXISTS ONLY IN RELATION TO ' EACH MEMBER STATE TO WHICH IT IS ADDRESSED ' . Flower; Graeme Henderson), Human Rights Law Directions (Howard Davis), Introductory Econometrics for Finance (Chris Brooks), Principles of Anatomy and Physiology (Gerard J. Tortora; Bryan H. Derrickson), Public law (Mark Elliot and Robert Thomas), Electric Machinery Fundamentals (Chapman Stephen J.). However the position in relation to directives is more complex and highly controversial. As it should be clear that AHA is in no position to implement the directive itself, some commentators have regarded this decision as a start of slippery slope to introduce horizontal effect, even though in letter the decision says otherwise.[3]. 18 ACCORDING TO ARTICLE 7 ( 1 ) THEREOF , THE DIRECTIVE IS TO BE : ' WITHOUT PREJUDICE TO THE RIGHT OF MEMBER STATES TO EXCLUDE FROM ITS SCOPE : ( A ) THE DETERMINATION OF PENSIONABLE AGE FOR THE PURPOSES OF GRANTING OLD-AGE AND RETIREMENT PENSIONS AND THE POSSIBLE CONSEQUENCES THEREOF FOR OTHER BENEFITS ' . 15 See Case 106/89 Marleasing SA v La Comercial Inter De Alimentacion SA [1990] ECR I- of the European Court of Justice ruling in Marshall ( Case C-271/91, Marshall v Southampton and South West Hampshire Area Health Authority (no 2) [1993] IRLR 44) was lifted altogether (Fair Employment (Amendment) (NI) Order 1994). 70 Manfredi, para 97, citing Case C-271/91 Marshall v Southampton and South West Hampshire Area Health Authority, EU:C:1993:335, para 31. dismissal upon grounds of sexual discrimination and the direct effect of community law directives in issues of state employment, were the key ingredients to this matter, when a former employee of the south-west hampshire area health authority was subjected to unexpected termination of her employment, despite intimations that her post was secure In 1980, she was dismissed for the sole reason that she had passed the qualifying age for the British State pension. Automatically reference everything correctly with CiteThisForMe. ", https://en.wikipedia.org/w/index.php?title=Marshall_v_Southampton_Health_Authority&oldid=1117798481. Marshall v Southampton and South West Hampshire Area Health Authority (1986) Case 152/84 is an EU law case, concerning the conflict of law between a national legal system and European Union law. Fact of statement Ms Marshall, Applicant, worked as a dietitian for the National Health Service of UK, Respondent, her employer being the Southampton and South West Hampshire Area Health Authority. accordance with the applicable national rules. The ECJ has developed a principle of direct effect whereby a provision of community law may be enforced by individuals in the national court of their Member State. members of British Gas were appointed by a minister in the UK government MOREOVER , IN THIS CASE THERE IS NO LINK BETWEEN THE CONTRACTUAL RETIREMENT AGE AND THE QUALIFYING AGE FOR A SOCIAL SECURITY PENSION . M. H. Marshall v Southampton and South-West Hampshire Area Health Authority (Teaching). The Court made reference of two questions for preliminary ruling to the European Court of Justice (ECJ): Advocate General Slynn argued the state should be construed broadly, to cover all organs, saying that insinuating horizontal effect[1][2] into directives would totally blur the distinction between EU directives and regulations'. 7 SECTIONS 27 ( 1 ) AND 28 ( 1 ) OF THE SOCIAL SECURITY ACT 1975 , THE UNITED KINGDOM LEGISLATION GOVERNING PENSIONS , PROVIDE THAT STATE PENSIONS ARE TO BE GRANTED TO MEN FROM THE AGE OF 65 AND TO WOMEN FROM THE AGE OF 60 . 15 ARTICLE 5 ( 1 ) OF THE DIRECTIVE PROVIDES THAT : ' APPLICATION OF THE PRINCIPLE OF EQUAL TREATMENT WITH REGARD TO WORKING CONDITIONS , INCLUDING THE CONDITIONS GOVERNING DISMISSAL , MEANS THAT MEN AND WOMEN SHALL BE GUARANTEED THE SAME CONDITIONS WITHOUT DISCRIMINATION ON GROUNDS OF SEX . There was an implied obligation under the former Art 4(3) Judgment of the Court of 26 February 1986. Will Lawyers and Judges be replaced by Artificial Intelligence ( AI ) Legal AI Co. CaseMine Launches English Law Research System. # M. H. Marshall v Southampton and South-West Hampshire Area Health Authority (Teaching). Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. methods used to achieve that objective. Once the ECJ had answered the question, their decision was remitted to the reconvened Court of Appeal (which in the interim had adjourned this case). - Case 152/84. v. Smales and Sons [1985] (Unreported - but see EOC, 1985). ON THE INTERPRETATION OF COUNCIL DIRECTIVE NO 76/207/EEC OF 9 FEBRUARY 1976 ON THE IMPLEMENTATION OF THE PRINCIPLE OF EQUAL TREATMENT FOR MEN AND WOMEN AS REGARDS ACCESS TO EMPLOYMENT , VOCATIONAL TRAINING AND PROMOTION , AND WORKING CONDITIONS ( OFFICIAL JOURNAL 1976 , L 39 , P . was not necessarily consistent with the requirement of ensuring real equality 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 . 1 (1986) and Foster v British Gas, Copyright 2023 StudeerSnel B.V., Keizersgracht 424, 1016 GC Amsterdam, KVK: 56829787, BTW: NL852321363B01, Tort Law Directions (Vera Bermingham; Carol Brennan), Criminal Law (Robert Wilson; Peter Wolstenholme Young), Commercial Law (Eric Baskind; Greg Osborne; Lee Roach), Marketing Metrics (Phillip E. Pfeifer; David J. Reibstein; Paul W. Farris; Neil T. Bendle), Rang & Dale's Pharmacology (Humphrey P. Rang; James M. Ritter; Rod J. ARTICLE 5 ( 1 ) OF COUNCIL DIRECTIVE NO 76/207 , 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 ). As to how strictly they were to be applied was unclear. 36. This therefore indicates that the article seems to suggest that directives are not intended to operate as law within national systems, since that is the role envisaged for the relevant national implementing measures.This therefore leads to the problem that directives are addressed to Member States and therefore individuals are not expected to be held liable for a states failure to implement or be held liable for something that is addressed to a Member State as a form of instructions. H . Their national validity was established through ratification of the Treaty. 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. 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 . In its judgments, the European Court has stressed the fundamental importance of the right to equal treatment under the Treaty of Rome. FURTHERMORE , THE WORDING OF ARTICLE 5 IS QUITE IMPRECISE AND REQUIRES THE ADOPTION OF MEASURES FOR ITS IMPLEMENTATION . 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 . This website is your resource for Brookhaven Town government and services. contended, was in breach of EC Directive 76/207 (see EU Non Discrimination Savjani v. I.R.C. Similarly, because of direct vertical effect, it was possible for a victim to rely on rights passed down from the directive before the national courts. Given Marshall suffered financial loss, namely the difference between her earnings as an employee and her pension, and since she lost the satisfaction gained from work she initiated proceedings before an industrial tribunal, contending her dismissal constituted discriminatory treatment on the ground of sex, contrary to the sexual discrimination act and community law. Disclaimer: This essay has been written by a law student and not by our expert law writers. 76/207, which implements the principle of equality of treatment set out in Article 2(1) of the directive, may be considered, as far as its contents are concerned, to be unconditional and sufficiently precise to be relied upon by an individual as against the State, it must be stated that the provision, taken by itself, prohibits any discrimination on grounds of sex with regard to working conditions, including the conditions governing dismissal, in a general manner and in unequivocal terms. In 1980, she was dismissed for the sole reason that she had passed the qualifying age for the British State pension. It assessed her financial loss at pounds 18,405, CONSEQUENTLY , AN AGE LIMIT FOR THE COMPULSORY DISMISSAL OF WORKERS PURSUANT TO AN EMPLOYER ' S GENERAL POLICY CONCERNING RETIREMENT FALLS WITHIN THE TERM ' DISMISSAL ' CONSTRUED IN THAT MANNER , EVEN IF THE DISMISSAL INVOLVES THE GRANT OF A RETIREMENT PENSION . Oxbridge Notes in-house law team. British Gas was part of the state. 37 Full PDFs related to this paper. Ms Marshall did succeed in her Marshall v Southampton and South West Hampshire Area Health Authority (1986) Case 152/84 [3] is an EU law case, concerning the conflict of law between a national legal system and European Union law. 57 THE COSTS INCURRED BY THE UNITED KINGDOM AND THE COMMISSION OF THE EUROPEAN COMMUNITIES , WHICH HAVE SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE . Download Download PDF. action, however, as the ECJ held that the Health Authority was an organ of The award of interest in accordance with national rules must be Marshall v. Southampton and South-West Hampshire Area Health Authority (Teaching) (152/84), 26 February 1986: [1986] E.C.R. In applying the Foster ruling, the House of Lords gave cumulative effect to the criteria, and therefore required each to be satisfied. treatment for men and women as regards the various aspects of employment, SOCIAL POLICY - MEN AND WOMEN WORKERS - ACCESS TO EMPLOYMENT AND WORKING CONDITIONS - EQUAL TREATMENT - POLICY LINKING ENTITLEMENT TO A STATE RETIREMENT PENSION AND DISMISSAL - DIFFERENT PENSIONABLE AGE FOR MEN AND WOMEN - DISCRIMINATION, ( COUNCIL DIRECTIVE NO 76/207 , ART . The English Court of Appeal held that British Gas was not a public body against which the directive could be enforced. THE PRINCIPLE OF EQUAL TREATMENT SHALL MEAN THAT THERE SHALL BE NO DISCRIMINATION WHATSOEVER ON GROUNDS OF SEX EITHER DIRECTLY OR INDIRECTLY BY REFERENCE IN PARTICULAR TO MARITAL OR FAMILY STATUS ' . ALTHOUGH ACCORDING TO UNITED KINGDOM CONSTITUTIONAL LAW THE HEALTH AUTHORITIES , CREATED BY THE NATIONAL HEALTH SERVICE ACT 1977 , AS AMENDED BY THE HEALTH SERVICES ACT 1980 AND OTHER LEGISLATION , ARE CROWN BODIES AND THEIR EMPLOYEES ARE CROWN SERVANTS , NEVERTHELESS THE ADMINISTRATION OF THE NATIONAL HEALTH SERVICE BY THE HEALTH AUTHORITIES IS REGARDED AS BEING SEPARATE FROM THE GOVERNMENT ' S CENTRAL ADMINISTRATION AND ITS EMPLOYEES ARE NOT REGARDED AS CIVIL SERVANTS . Marshall v Southampton and South-West Hampshire Area Health Authority Notes on Academic Writings X: Discriminatory Retirement Ages, European Industrial Relations Review 1986 n 148 p.18-21 Jacobs, A.T.J.M. 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 . This was finally made explicit by the ECJ in its decision in.! A successful claim for sex discrimination Southampton and South West Area Health Authority ( Teaching ) 1 688. Fundamental importance of the Court of Appeal held that British Gas was not a public body against which the in... Ice skating indoors in summer the compensation recoverable be replaced by Artificial Intelligence ( AI ) AI. By using Wells et al governing dismissal a limit on the amount of damages claimable which was limit. Authority 1986 summarywhat to wear ice skating indoors in summer Research System as direct affect being applied vertically and they! The Court of Appeal held that British Gas was not a public against. 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