16 January 2008
ECJ rules on indirect sex discrimination case
The European Court of Justice (ECJ) has ruled that paying a part-time worker less than a comparable full-time worker for completing the same number of hours can be indirect sex discrimination, Workplace Law Network reports.
This was the subject of a case recently heard at the court which involved an employer who had instated a rule that required both full and part-time employees to work more than five hours overtime each month in order to claim overtime pay.
An issue was raised with this procedure because it meant that a part-time employee, who worked sufficient overtime to do the same number of hours as a full-time member of staff, ended up getting paid less for completing the same amount of work.
The ECJ decided that this was unacceptable, unless the employer could objectively justify implementing such a rule.
Established in 1952, the ECJ is the highest court in the European Union and is based in Luxembourg.