J.P. Jenkins v Kingsgate (Clothing Productions) Ltd.

• Jurisdiction: European Union
• Court: Court of Justice (European Union)
• Writing for the Court: Bosco
• ECLI: ECLI:EU:C:1981:80
• Date: 31 March 1981
• Docket Number: 96/80
• Procedure Type: Reference for a preliminary ruling

Avis juridique important

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61980J0096

Judgment of the Court of 31 March 1981. - J.P. Jenkins v Kingsgate (Clothing Productions) Ltd. - Reference for a preliminary ruling: Employment Appeal Tribunal - United Kingdom. - Equal pay. - Case 96/80.

European Court reports 1981 Page 00911
Swedish special edition Page 00053
Finnish special edition Page 00053
Spanish special edition Page 00155

Summary
Parties
Subject of the case
Grounds
Decision on costs
Operative part

Keywords

1 . SOCIAL POLICY - MEN AND WOMEN - EQUAL PAY - PRINCIPLE - HOURLY RATE OF PAY FOR PART-TIME WORK LOWER THAN THAT FOR FULL-TIME WORK - PERMISSIBILITY - CONDITIONS - INDIRECT DISCRIMINATION AGAINST FEMALE EMPLOYEES - PROHIBITION - NATIONAL COURT TO DECIDE

( EEC TREATY , ART . 119 )

2 . SOCIAL POLICY - MEN AND WOMEN - EQUAL PAY - PRINCIPLE - DIRECT EFFECT - HOURLY RATE OF PAY FOR PART-TIME WORK LOWER THAN THAT FOR FULL-TIME WORK - EXISTENCE OF DISCRIMINATION BASED ON SEX TO BE ESTABLISHED BY THE NATIONAL COURTS

( EEC TREATY , ART . 119 )

3 . SOCIAL POLICY - MEN AND WOMEN - EQUAL PAY - PRINCIPLE - SAME CONTENT AND SCOPE IN ARTICLE 119 OF THE TREATY AND IN DIRECTIVE 75/117/EEC

( EEC TREATY , ART . 119 ; COUNCIL DIRECTIVE 75/117/EEC , ART . 1 )

Summary

1 . THE FACT THAT WORK PAID AT TIME RATES IS REMUNERATED AT AN HOURLY RATE WHICH VARIES ACCORDING TO THE NUMBER OF HOURS WORKED PER WEEK DOES NOT OFFEND AGAINST THE PRINCIPLE OF EQUAL PAY LAID DOWN IN ARTICLE 119 OF THE TREATY IN SO FAR AS THE DIFFERENCE IN PAY BETWEEN PART-TIME WORK AND FULL-TIME WORK IS ATTRIBUTABLE TO FACTORS WHICH ARE OBJECTIVELY JUSTIFIED AND ARE IN NO WAY RELATED TO ANY DISCRIMINATION BASED ON SEX . IT IS FOR THE NATIONAL COURTS TO DECIDE IN EACH INDIVIDUAL CASE WHETHER , REGARD BEING HAD TO THE FACTS OF THE CASE , ITS HISTORY AND THE EMPLOYER ' S INTENTION , A PAY POLICY REPRESENTED AS A DIFFERENCE BASED ON WEEKLY WORKING HOURS IS OR IS NOT IN REALITY DISCRIMINATION BASED ON THE SEX OF THE WORKER .

THEREFORE A DIFFERENCE IN PAY BETWEEN FULL-TIME WORKERS AND PART-TIME WORKERS DOES NOT AMOUNT TO DISCRIMINATION PROHIBITED BY ARTICLE 119 OF THE TREATY UNLESS IT IS IN REALITY MERELY AN INDIRECT WAY OF REDUCING THE LEVEL OF PAY OF PART-TIME WORKERS ON THE GROUND THAT THAT GROUP OF WORKERS IS COMPOSED EXCLUSIVELY OR PREDOMINANTLY OF WOMEN .

2 . ARTICLE 119 OF THE TREATY APPLIES DIRECTLY TO ALL FORMS OF DISCRIMINATION WHICH MAY BE IDENTIFIED SOLELY WITH THE AID OF CRITERIA OF EQUAL WORK AND EQUAL PAY REFERRED TO BY THE ARTICLE IN QUESTION , WITHOUT NATIONAL OR COMMUNITY MEASURES BEING REQUIRED TO DEFINE THEM WITH GREATER PRECISION IN ORDER TO PERMIT OF THEIR APPLICATION . THE FORMS OF DISCRIMINATION WHICH MAY BE THUS JUDICIALLY IDENTIFIED INCLUDE CASES WHERE MEN AND WOMEN RECEIVE UNEQUAL PAY FOR EQUAL WORK CARRIED OUT IN THE SAME ESTABLISHMENT OR SERVICE , PUBLIC OR PRIVATE . WHERE THE NATIONAL COURT IS ABLE , USING THE CRITERIA OF EQUAL WORK AND EQUAL PAY , WITHOUT THE OPERATION OF COMMUNITY OR NATIONAL MEASURES , TO ESTABLISH THAT THE PAYMENT OF LOWER HOURLY RATES OF REMUNERATION FOR PART-TIME WORK THAN FOR FULL-TIME WORK REPRESENTS DISCRIMINATION BASED ON DIFFERENCE OF SEX THE PROVISIONS OF ARTICLE 119 OF THE TREATY APPLY DIRECTLY TO SUCH A SITUATION .

3 . ARTICLE 1 OF COUNCIL DIRECTIVE 75/117/EEC WHICH IS PRINCIPALLY DESIGNED TO FACILITATE THE PRACTICAL APPLICATION OF THE PRINCIPLE OF EQUAL PAY OUTLINED IN ARTICLE 119 OF THE TREATY IN NO WAY ALTERS THE CONTENT OR SCOPE OF THAT PRINCIPLE AS DEFINED IN THE TREATY .

Parties

IN CASE 96/80

REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE EMPLOYMENT APPEAL TRIBUNAL OF THE UNITED KINGDOM FOR A PRELIMINARY RULING IN THE ACTION PENDING BEFORE THAT TRIBUNAL BETWEEN

J . P . JENKINS

AND

KINGSGATE ( CLOTHING PRODUCTIONS ) LTD ,

Subject of the...