In Voss v Land Berlin C-300/06, the ECJ ruled that legislation under which overtime pay arrangements result in a part-timer being paid less overall than a comparable full-timer for the same number of hours potentially contravenes the principle of equal pay enshrined in art. 141 of the Treaty establishing the European Community.
In McMenemy v Capita Business Services Ltd [2007] IRLR 400 CS the Court of Session held that an employer that did not award time off in lieu of bank holidays to a part-time employee who did not work on Mondays was not in breach of the part-time worker Regulations.
In Matthews and others v Kent & Medway Towns Fire Authority and others [2006] UKHL 8, the House of Lords held that in the assessment of whether full- and part-time workers are employed on broadly similar work, both the differences and the similarities between the two groups should be considered and an overall assessment made.
In Wippel v Peek & Cloppenburg GmbH & Co. KG, the European Court of Justice holds that a worker working pursuant to a contract under which hours of work are dependent on the amount of work available and are determined only on a case-by-case basis by agreement between the employer and worker, is within the scope of the Equal Treatment Directive.
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