Compensation limit unlawful

In Marshall v Southampton and South-West Hampshire Area Health Authority (No.2) (2 August 1993) EOR51A, the European Court of Justice rules that it is contrary to European Community law for a fixed upper limit to be placed on the compensation which can be awarded for the loss and damage suffered as a result of sex discrimination and that employees of public bodies can rely directly upon Community law to set aside a national provision such as the Sex Discrimination Act 1975 which imposes limits on the amount of compensation recoverable. The Court also holds that interest on the compensation, as from the date of the discriminatory act, is part of the loss sustained as a result of discrimination and cannot be excluded.