Europa Social policy – Equal treatment of men and women – Derogations – Measures to promote equality of opportunity between men and women – Subsidised nursery places made available by a Ministry to its staff – Places reserved only for children of female officials, save in cases of emergency, to be determined by the employer.
‘according to settled case law in determining the scope of any derogation from an individual right such as the equal treatment of men and women laid down by the directive, due regard must be had to the principle of proportionality which required that derogations must remain within the limits of what is appropriate and necessary in order to achieve the aim in view and that the principle of equal treatment be reconciled as far as possible with the requirements of the aim thus pursued.’
Citations:
C-476/99, [2002] EUECJ C-476/99
Links:
Jurisdiction:
European
Cited by:
Cited – Azmi v Kirklees Metropolitan Borough Council EAT 30-Mar-2007
The claimant alleged discrimination. As a teaching assistant, she had been refused permission to wear a veil when assisting a male teacher.
Held: Direct discrimination had not been shown. The respondent had shown that any comparator would have . .
Lists of cited by and citing cases may be incomplete.
European, Discrimination
Updated: 05 June 2022; Ref: scu.168131