Gerster v Freistaat Bayern [1997] IRLR 699 ECJ

Reports relating to this case:

  • Sex discrimination: Part-timers' service calculations indirectly discriminated against women

    15 December 1997

    Where far more women than men work part time, national regulations requiring part-time employees to complete a period of employment more than one-third longer than that completed by their full-time counterparts in order to have approximately the same chance of promotion are contrary to the Equal Treatment Directive if there is no special link between length of service and acquisition of a certain level of knowledge and experience, rules the European Court of Justice in Gerster v Freistaat Bayern.

  • Discrimination against part-timers

    1 December 1997

    The European Court of Justice has ruled that German legislation on public sector employment, under which part-time employees had to complete a longer period of service than full-time workers in order to be eligible for promotion and exemption from a qualifying examination, is indirectly discriminatory.