Exclusion of part-time workers from occupational pension schemes may contravene Article 119
This report relates to 1 case(s)
Bilka-Kaufhaus GmbH v Weber von Hartz  IRLR 317 ECJ (1 other report)
In Bilka-Kaufhaus v Weber von Hartz (13.5.86) EOR9A, the European Court of Justice (ECJ) holds that the exclusion of part-time workers from occupational pension schemes contravenes Article 119 of the EEC Treaty if this exclusion affects significantly more women than men, unless the employer can show that the exclusion is based on objectively justified factors unrelated to any discrimination on grounds of sex. The importance of the decision transcends eligibility for pension schemes because of the relatively rigorous test set out by the European Court for determining whether an indirectly discriminatory practice is justifiable.