Equal pay comes home to roost
Article Abstract:
The European Court of Justice (ECJ) recently made several landmark decisions on the issue of equal pay for equal work. In the 'Bilka-Kaufhaus GmbH v Weber von Hartz' case, the ECJ ruled that part-timer workers performing the same work as full-timers are entitled to the same pay, given on a pro rata basis, if no evidence is presented justifying lower pay. The Court took the position that men and women should be paid equally for work of equal value in the 'Handels-OG Kontorfunkionaernes Forbund I Denmark v Dansk Arbejdsgwerforening' case. In this case, it concluded that employers must prove that their pay systems are not discriminatory and that the factors they use as bases for pay increases are work-related. In 'Nimz v Freie und Hansestadt Hamburg,' the ECJ contended that seniority payments are permissible only if they are justified by a material difference.
Publication Name: Personnel Management
Subject: Human resources and labor relations
ISSN: 0031-5761
Year: 1993
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Exclusion from job sharing
Article Abstract:
Women in the UK have three sets of rights to draw on when returning to work from maternity leave: contract law; the 1978 Employment Protection (Consolidation) Act; and the 1975 Sex Discrimination Act (SDA). The SDA has been interpreted to provide additional maternity rights; under SDA provisions, maternity leave is treated as a simple absence and a woman need not return to her old job but can obtain new conditions suitable to her new role as a working mother. In one case, Clymo, a librarian, sued the Wandsworth Council for not allowing her to share a job with her husband after returning from maternity leave, alleging sex discrimination. The Employment Appeal Tribunal decided there was no sex discrimination for the position in question was a management position and full-time employment was a prerequisite of the job.
Publication Name: Personnel Management
Subject: Human resources and labor relations
ISSN: 0031-5761
Year: 1989
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Growing impact of EEC law on equal pay
Article Abstract:
Great Britain's membership in the European Economic Community (EEC) is having an impact on employment law in the UK; the Treaty of Rome takes precedent over any conflicting national law in the EEC member countries. In some cases, individuals may be able to enforce the provisions of EEC treaties, directives, and regulations in national courts. Two of these enforceable provisions are Article 119, equal pay for men and women, and Directive 75-117, equal treatment of men and women. Court decisions involving UK companies in which these EEC laws have been upheld are discussed.
Publication Name: Personnel Management
Subject: Human resources and labor relations
ISSN: 0031-5761
Year: 1987
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