Specialarbejderforbundet i Danmark v Dansk Industri: ECJ 31 May 1995

Equal pay provisions apply to piece rate work- Employer to justify differences. where significant statistics disclose an appreciable difference in pay between two jobs of equal value, one of which is carried out almost exclusively by women and the other predominantly by men, so that there is a prima facie case of sex discrimination, article 119 of the EEC Treaty requires the employer to show that that difference is based on objectively justified factors unrelated to any discrimination on grounds of sex.


Times 23-Jun-1995, [1996] ICR 51, C-400/93, [1995] EUECJ C-400/93




EECTreaty Art 177

Cited by:

CitedNelson v Carillion Services Ltd CA 15-Apr-2003
The appellant challenged dismissal of her claim for equal pay. It had been rejected on the ground that the employer had shown a material factor justifying the difference in pay.
Held: Enderby establishes that the burden of proving sex . .
Lists of cited by and citing cases may be incomplete.

Discrimination, European

Updated: 03 June 2022; Ref: scu.161200