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Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland: ECJ 6 Jul 1982

The general scheme and content of Directive 75/117, whose essential purpose is to implement the principle of equal pay for men and women, indicate that it is the responsibility of the member states to guarantee the right to receive equal pay for work of equal value even in the absence of a system of job classification. To that end they must make use of appropriate laws, regulations and administrative provisions in such a way that all employees in the community may be protected in these matters. It follows that where there is disagreement as to the application of the concept of ‘work to which equal value is attributed’ within the meaning of the first paragraph of article 1 of the directive, the worker must be entitled to claim before an appropriate authority that his work has the same value as other work and, if that is found to be the case, to have his rights under the treaty and the directive acknowledged by a binding decision. Each member state must therefore endow an authority with the requisite jurisdiction to decide whether work has the same value as other work.

Citations:

C-61/81, [1982] ICR 578, [1982] EUECJ C-61/81

Links:

Bailii

Cited by:

CitedPickstone 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: 21 May 2022; Ref: scu.133210

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