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Part-time workers: On demand contracts not discriminatory

This report relates to 1 case(s)

  • expand disabled

    Wippel v Peek & Cloppenburg GmbH & Co KG [2005] IRLR 211 ECJ (0 other reports)

Key points

In Wippel v Peek & Cloppenburg GmbH & Co. KG, the European Court of Justice holds:

  • A worker working pursuant to a contract under which hours of work are dependent on the amount of work available and are determined only on a case-by-case basis by agreement between the employer and worker, is within the scope of the Equal Treatment Directive (76/207/EC). Such a contract also falls within the scope of the European Framework Directive 97/81/EC on part-time work, which provides that part-time workers shall not be treated less favourably than comparable full-time workers, unless the difference in treatment can be objectively justified.