EU Law - Equal Pay I (Social Policy)
- Created by: Alasdair
- Created on: 11-11-20 23:02
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- 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
- Provisions relating to assessment of different jobs when comparing them for purposes of enforcing principle of equal pay for work of equal value
- 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'
- Claimant will only be able to rely on Directive itself against public sector employer
- In absence of national legislation which properly implements this Directive
- Law set out in Equal Treatment Directive
- Vertical and horizontal direct effect
- 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
- Article 157 TFEU
- 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'
- 'pay'
- What was alleged discriminatory practice?
- Travel concessions are form of payment
- Article 119
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