Equal treatment for men and women meaning

This Practice Note cites decisions of the Court of Justice of the European Union. For advice on the extent to which EU rulings bind the courts of the United Kingdom, consult Practice Note: Assimilated law — Assimilated case law. The legislative framework Two distinct legislative strands must be assessed when considering part-time workers and discrimination. The first concerns equal treatment as between men and women. Because, historically, women have been more likely than men to work part-time, employment conditions, including pension scheme terms, that treat part-time staff less favourably may amount to discrimination against women. The second concerns measures directed specifically at safeguarding part-time workers. Equal treatment legislation Provisions intended to guarantee equality for men and women in relation to pension schemes have a long history. The current domestic position is contained in section 67 of the Equality Act 2010 (EqA 2010), which stipulates that any pension scheme lacking a sex equality rule is to be regarded as if such a rule were included. This ensures...

What is indirect effect of EU law? The doctrine of indirect effect, also called consistent interpretation, imposes on national courts, as organs of the Member State charged with fulfilling EU commitments, a responsibility to construe domestic legislation in the light of EU law, in particular Directives. Through careful judicial reading of applicable national rules it indirectly secures the outcome that direct effect of Directives would deliver where that route is unavailable. The Court of Justice articulated the principle in Von Colson and enlarged its reach in Marleasing. It likewise functions to help to offset, at least to a degree, the adverse legal consequences of the refusal to acknowledge horizontal direct effect of Directives. For further background, consult Practice Note: Direct effect of EU law. Von Colson concerned a request for a preliminary ruling on the interpretation of Directive 76/207/EEC on giving practical effect to the principle of equal treatment for men and women regarding access to employment, vocational training and promotion, and working conditions. The underlying national dispute involved...

This Practice Note explores the equal pay for equal work principle under the Equality Act 2010 (EqA 2010) and, notably, what counts as ‘pay’. It addresses whether pay has to arise from contract and clarifies the concept of ‘pay’ in Article 157 of the Treaty on the Functioning of the European Union (TFEU) (formerly Article 141 of the Treaty of Rome). It also reviews how termination payments, pensions and maternity pay are treated. The principle of equal pay for equal work Article 157 TFEU sets out the rule that workers are entitled to the same pay for the same work. Under European law, a distinction is drawn between equal pay (under Directive 75/117/EEC, the Equal Pay Directive) and equal treatment of men and women (under Directive 76/207/EEC, the Equal Treatment Directive and later measures). The Equal Treatment Directive, Directive 76/207/EEC, does not extend to ‘pay’. The equal pay for equal work principle has been described as fundamental to the European Union’s foundations. Article 157 TFEU has direct effect,...