Advise Kelly whether she can challenge Sparkles Ltd about either of these issues relying on EU Law on sex discrimination.

Analytical model for answering problem questions on this topic.
Workshop 2 includes a problem question covering direct effect, indirect effect and state liability. There now follows a model giving guidance on how to approach a problem in this area. Lawyers in practice would adopt a similar model in advising clients on how to pursue their rights under EU Law.
Model
1. Identify the issue: eg does question relate to non-implementation or faulty
implementation of a directive by a Member State?
2. State each basic principle in turn, explain what it means, then apply it to the
facts and reach a reasoned conclusion.
(a) Direct effect:
• Define the principle.
• Set out the criteria for the direct effect of directives, see Van Gend and Ratti.
• Apply to the facts: does the directive in question have direct effect?
• Explain that directives have vertical direct effect only.
• Explain the criteria for assessing whether a body is an emanation of the
state.
• Apply to the facts: is the potential defendant an emanation of the state?
• Be sure to reach a conclusion; i.e. state whether you think the directive has
direct effect and whether the defendant is an emanation of the state.
(b) Indirect effect
• Define the principle.
• Explain whether the question involves implementing or non-implementing
legislation, and whether this distinction is any longer of much significance.
• Apply to the facts: is it possible to interpret the national legislation referred
to in the question as consistent with the relevant directive?
• Again, be sure to reach a conclusion; i.e. state whether you think the
claimant can rely on indirect effect.
(c) State liability
• Define the principle.
• Set out the Francovich criteria.
• Decide if the reformulated criteria in Factortame (No.4), Brasserie du
Pêcheur apply.
• Discuss whether claimant needs to prove a sufficiently serious breach.
• If so, discuss whether there is a sufficiently serious breach based on case
law.
• Again, be sure to reach a conclusion; i.e. state whether you think the
claimant can rely on state liability
1550 words
WORKSHOP 3
As instructed by your tutor at the end of Workshop 2, prepare arguments in your
teams either for the following statement:
‘…the [European] Court of Justice has played a significant role in shaping and
extending the scope of sex equality legislation….’
Damian Chalmers and others, European Union Law (3rd edn, Cambridge University
Press 2014) 583
critically evaluating the claim that the ECJ has shaped and extended the scope of EU sex equality legislation. AGREE AND EVALUATE
(__1000___WORDS)
Problem question for Lecture 5
Kelly works part-time as a cleaner for Sparkles Ltd, which provides cleaning teams for homes and business across a wide area. Kelly works for 2.5 days per week on a jobshare basis. She comes to see you about the following problems she has encountered at work:
(i) She has recently discovered that the male cleaners at her company are not
expected to clean toilets. The women in each cleaning team are instructed to
do this. The company’s only explanation is to say that women are more
accustomed to such work from their own domestic duties.
(ii) She has also discovered that her job-share partner Toby gets five more days’
holiday a year than herself. When she asks why, she is told that the reason is
that Toby is a single parent and men in that position need extra time to cover
the school holidays.
(a) Advise Kelly whether she can challenge Sparkles Ltd about either of these
issues relying on EU Law on sex discrimination.
Kelly’s colleague Angela also consults you. She is a secretary in the offices of Sparkles
Ltd. She is graded ‘Grade 3 – Administrative’ on the company’s salary scale, as is her colleague Oscar, an accounts clerk. Oscar and Angela share an office, and have recently discovered that Oscar receives an interest-free loan to pay for his train and bus season ticket. Angela’s manager claims that the reason is that the company perceives accounts clerks to be of a higher professional status than secretaries. Most of the accounts clerks at the company are men and all of the secretaries are women, although men are eligible for employment as secretaries.
(b) Advise Angela whether she can claim the same salary and season ticket
loan as Oscar relying on EU Law on sex discrimination.