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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Amica v Rhône-Poulenc Chemicals Ltd [2003] EWCA Civ 1798 (28 November 2003) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2003/1798.html Cite as: [2003] EWCA Civ 1798 |
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IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE EMPLOYMENT APPEAL TRIBUNAL
Strand London, WC2 |
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B e f o r e :
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MISS ETHLYN AMICA | Appellant/Applicant | |
-v- | ||
RHÔNE-POULENC CHEMICALS LIMITED | Respondent/Respondent |
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Smith Bernal Wordwave Limited
190 Fleet Street, London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
The Respondent did not appear and was not represented
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Crown Copyright ©
"... on the grounds that the point of law remaining from The Honourable Mr Justice Morison's (P) Judgment was resolved by the House of Lords in Preston v Wolverhampton Health Authority & Others [1997] IRLR 233."
It was further ordered that any application for leave to appeal should be made direct to the Court of Appeal within 14 days of the order being sent to the parties. The application to this court is made on that basis, the order bearing the stamp date of the Employment Appeal Tribunal of 30th May.
"... under the Wages Act 1986, the Equal Pay Act 1970 and Article 119 of the Treaty of Rome."
"The claims arise in all cases out of the circumstances of Miss Amica's employment with the respondent Rhone-Poulenc Chemicals Ltd, which employment it has been found by a previous Tribunal in Manchester in November 1994 terminated on 31 December 1993."
"A reasonable time limit it would seem to me to be precisely that which Parliament imposed under the Equal Pay Act 1970, and for the same reason that the claim under that Act should fail so too must the claim under Article 119 fail."
That is Article 119 of the Treaty of Rome, which provides that each member state shall maintain the principle that men and women should receive equal pay for equal work:
"Accordingly the Article 119 and the Equal Pay Act claims are out of time and that is absolute. The Wages Act claim is out of time and the applicant has failed to demonstrate that it is not reasonably practicable for it to be brought in time and it is dismissed."
"... I dismiss the Applicant's appeal from the Employment Tribunal. I have read carefully all of the documents the applicant has put in front of me, since she has indicated that she is unable to attend today."
The applicant has told me that her health did not permit her to appear before the EAT on 19th March 2003.
"I have also heard from the Respondent by way of a letter dated 27.02.02 helpfully produced by Mr Jefcott, who attended today."
Mr Jefcott is the solicitor appearing for the respondent:
"A dispute of long-standing has also been resolved today, following my Order that the Respondent produces the Applicant's claim for equal pay, made in 1977. It was submitted by the Respondent that it was not relevant to today's proceedings and I agree."
ORDER: Applications for permission to appeal refused.