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Exclusion of part-time workers from occupational pension schemes may contravene Article 119

This report relates to 1 case(s)

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    Bilka-Kaufhaus GmbH v Weber von Hartz [1986] IRLR 317 ECJ (1 other report)

    • Bilka-Kaufhaus GmbH v Weber von Hartz

      Date:
      1 August 1986

      In Bilka-Kaufhaus GmbH v Weber von Hartz [1986] IRLR 317 ECJ, the European Court of Justice held that the exclusion of part-time workers from occupational pension schemes contravenes Article 119 of the Treaty of Rome 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.

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.