R v Employment Secretary, Ex p Equal Opportunities Commission [1995] 1 AC 1

Court: House of Lords

Facts: The Equal Opportunities Commission (EOC) challenged the Employment Protection (Consolidation) Act 1978, arguing that the thresholds for redundancy pay indirectly discriminated against women, contrary to the EU Equal Treatment Directive.

Issue: Could a statutory body like the EOC apply for judicial review and could UK courts declare primary legislation incompatible with EU law?

Held: The House of Lords declared the 1978 Act incompatible with EU law. The EOC had sufficient interest to apply for judicial review due to its statutory duties.

Key Judicial Statement: Lord Keith found that the EOC had statutory standing to bring the claim and that the courts could issue a declaration of incompatibility with EU law.

💡Leveluplaw: A statutory body can seek judicial review if primary legislation violates EU law, even before Brexit. Courts can declare UK Acts incompatible with EU law, but Parliament must remedy the breach.