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Published online by Cambridge University Press: 27 February 2017
Complainant, a woman who had been deputy head of a school art department since 1971, had applied for the post of head of the department in 1975; however, the Inner London Education Authority (ILEA) appointed a man to the position. She then filed a complaint with the Industrial Tribunal in London, charging the ILEA with sex discrimination in violation of Sections 6(1)(c) and 2(a) of the Sex Discrimination Act 1975, Article 119 of the Treaty Establishing the European Economic Community (EEC Treaty), and Section 2(1) of the European Communities Act 1972. She also contended that her rights were protected by the UN Charter, the Universal Declaration of Human Rights of 1948, the UN Declaration on the Elimination of Discrimination against Women of 1967, and the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950. The Industrial Tribunal dismissed the complaint for want of jurisdiction over the case. On appeal, the Employment Appeal Tribunal dismissed the complaint for want of jurisdiction and also held that Article 119 of the EEC Treaty did not confer a right upon complainant which could be enforced by an industrial tribunal.
1 45 Halsbury's Statutes 227, 229 (3d ed.).
2 42A Halsbury's Statutes 779 (3d ed.); 298 UNTS 11.
3 42 Halsbury's Statutes 80 (3d ed.).
4 [1977] 2 All E.R. 100, 104.