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Discriminatory statutory rights can be challenged under EEC law

This report relates to 1 case(s)

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    Rinner-Kühn v FWW Spezial-Gebäudereinigung GmbH & Co [1989] IRLR 493 ECJ (0 other reports)

In Rinner-Kühn v FWW Spezial-Gebäudereinigung GmbH & Co (13 July 1989) EOR28B, the European Court of Justice rules that West German sick pay legislation which excludes part-time workers should be regarded as in contravention of the equal pay provisions of Article 119 of the EEC Treaty unless the West German Government can show that the statutory restriction is justified by objective factors unrelated to any discrimination on grounds of sex. This decision casts serious doubt on the continued validity of UK employment protection rights relating to "pay", for which there is a weekly hours of work qualification. It also appears to be binding authority that a payment made by an employee in pursuance of a statutory obligation falls within the broad definition of "pay" in Article 119. It is likely to produce a spate of UK litigation challenging such exclusions.