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Sex discrimination: Part-timers' service calculations indirectly discriminated against women

This report relates to 2 case(s)

Where far more women than men work part time, national regulations requiring part-time employees to complete a period of employment more than one-third longer than that completed by their full-time counterparts in order to have approximately the same chance of promotion are contrary to the Equal Treatment Directive if there is no special link between length of service and acquisition of a certain level of knowledge and experience, rules the European Court of Justice in Gerster v Freistaat Bayern [1997] IRLR 699. In Kording v Senator für Finanzen [1997] IRLR 710, similarly, the ECJ rules that, where substantially fewer men than women work part time, domestic legislation requiring part-time employees to work proportionately longer than those employed full time in order to gain exemption from a qualifying examination for entry to a profession is contrary to the Equal Treatment Directive unless it is justified by objective factors unrelated to any discrimination on grounds of sex.