In general Directive 75/117 on the approximation of the laws of the member states relating to the application of the principle of equal pay for men and women does not prohibit the use, in a job classification system as referred to in the second paragraph of article 1, for the purpose of determining rates of pay, of the criterion of muscular demand or muscular effort or that of the heaviness of the work if, in view of the nature of the tasks involved, the work to be performed does require the use of a certain degree of physical strength, so long as the system as a whole, by taking into account other criteria, precludes any discrimination on grounds of sex. In particular, it follows from the directive that: (a) the criteria governing pay-rate classification must ensure that work which is objectively the same attracts the same rate of pay whether it is performed by a man or a woman; (b) the use of values reflecting the average performance of workers of one sex as a basis for determining the extent to which work makes demands or requires effort or whether it is heavy constitutes a form of discrimination on grounds of sex, contrary to the directive; (c) in order for a job classification system not to be discriminatory as a whole, it must, in so far as the nature of the tasks carried out in the undertaking permits, take into account criteria for which workers of each sex may show particular aptitude.
Citations:
[1987] ICR 774, C-237/85
Cited by:
Cited – Pickstone v Freemans Plc HL 30-Jun-1988
The claimant sought equal pay with other, male, warehouse operatives who were doing work of equal value but for more money. The Court of Appeal had held that since other men were also employed on the same terms both as to pay and work, her claim . .
Lists of cited by and citing cases may be incomplete.
European, Discrimination
Updated: 11 April 2022; Ref: scu.134165