ABSTRACT
INTRODUCTION Equal pay is an area that often comes up on examination papers since, like discrimination in Chapter 5, it is an area on which European law has had a great impact. To answer questions in this area, students need to understand the relationship between European law and national law and, in particular, the enforceability of European law in the national courts. It is necessary, therefore, to understand fully the applicability of Art 157 of the Treaty on the Functioning of the European Union 2008 and the Recast Directive (2006/54/EC) and recent decisions of the European Court of Justice (ECJ) affecting the interpretation of national law. At the time of writing, the relevance of the old cases on the interpretation of the Equality Act 2010 (EqA) is unknown. Therefore the previous case law has been used in this chapter to show how the 2010 Act may be interpreted.
