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Sex discrimination: Providing nursery places to female employees only did not breach Equal Treatment Directive

This report relates to 1 case(s)

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    Lommers v Minister Van Landbouw, Natuurbeheer en Visserij [2002] IRLR 430 ECJ (3 other reports)

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      Date:
      1 May 2002

      In Lommers v Minister van Landbouw, Natuurbeheer en Visserij (19 March 2002), the European Court of Justice upholds a policy in a Dutch civil service department which offers subsidised childcare places only to female employees. The ECJ says that the scheme does not contravene EU law so long as it is also available on the same conditions to men who are single parents.

In Lommers v Minister van Landbouw, Natuurbeheer en Visseij [2002] IRLR 430, the European Court of Justice rules that a policy under which an employer provided female employees only with access to nursery places for their children at work, while denying male employees with children the same facility save in cases of emergency, did not breach the Equal Treatment Directive. The policy had been adopted within the context, first, of insufficient suitable and affordable childcare facilities generally, which were likely to induce more female than male employees to give up their jobs and, second, a significant under-representation of women in the particular employment field.