EU Law - Equal Pay I (Social Policy)

  • Created by: Alasdair
  • Created on: 11-11-20 23:02
View mindmap
  • Equal Pay (Social Policy)
    • Article 119
      • Originally provided men and women should get equal pay for doing equal work
      • ECJ made very clear in number of cases Article 119 was to be interpreted as providing for equal pay for work of equal value as well.
    • Equal Pay Directive (Directive 75/117)
      • Enhanced Article 119
      • Provided for equal pay for equal work and work of equal value
      • Other purpose:
        • Provisions relating to assessment of different jobs when comparing them for purposes of enforcing principle of equal pay for work of equal value
          • Provisions now appear in recast Directive
    • Article 157 TFEU
      • Enhanced right of equal pay for equal work or work of equal value
    • What is Pay?
      • Article 157 TFEU
        • Vertical and horizontal direct effect
          • claim for equal pay can be made against both public and private sector employers
        • For grievances that relate to discrimination on non-pay issues
          • Law set out in Equal Treatment Directive
            • In absence of national legislation which properly implements this Directive
              • Claimant will only be able to rely on Directive itself against public sector employer
                • Therefore, it is important to establish dispute does in fact concern 'pay'
      • Defrenne v Sabena (No 3) (case 149/77) [1978] ECR 1365
        • Illustrates claimant can only rely on recast Equal Treatment Directive against public sector employer
        • Sabena imposed upper age limit on female cabin crew of 40 years.
          • No age limit for male counterparts
          • Ms Defrenne invoked Article 157 TFEU (originally Article 119) to challenge discriminatory retirement policy
            • No EC legislation relating to equal treatment in general at the time
            • ECJ held Article 157 TFEU limited to discrimination in relation to pay, not discriminatory retirement ages.
      • What is pay according to Article 157 TFEU
        • Ordinary or basic minimum wage or salary
        • any other consideration
          • Cash or in kind which worker receives directly or indirectly.
        • Equal pay without discrimination based on sex means
          • same work at piece rates shall be calculated on basis of same unit of measurement
          • pay for work at time rates shall be same for same job
    • Travel Concessions
      • Travel concessions are form of payment
        • ECJ has had to consider more subtle problem of whether same can be said of travel concessions given to families of retired workers.
      • Garland v British Rail Engineering Limited (case 12/81) [1982] ECR 359
        • What was alleged discriminatory practice?
          • When male employees retired they continued to be granted travel concessions for themselves, their wives and dependent children
          • Concessions not offered o retired female workers
        • Was British Rail Engineering (BREL) under an obligation to provide concession?
          • BREL not contractually bound to offer these concessions.
          • It was not a term in any employment contract.
        • ECJ concluded that it was not important for there to be contractual entitlement to concessions for them to constitute pay.
          • 'pay'
            • was to include any consideration, whether immediate or future
            • provided that worker received it, directly or indirectly, in respect of his employment from his employer
          • Concessions were only given to ex-employees
            • so they were linked to employment relationship and could be 'pay'


No comments have yet been made

Similar Law resources:

See all Law resources »See all EU Law resources »