Tesco Stores (Social policy - Equal pay for male and female workers - Judgment) [2021] EUECJ C-624/19 (03 June 2021)

Tesco Stores (Social policy - Equal pay for male and female workers - Judgment) [2021] EUECJ C-624/19 (03 June 2021)

Article 157 TFEU has direct effect in proceedings between individuals where the principle of equal pay for male and female workers for work of equal value is pleaded, provided the pay conditions can be attributed to a single source.

Citation
[2021] EUECJ C-624/19
Parties
Respondent: Tesco Stores Ltd; Claimant: Approximately 6,000 workers (including female and male claimants)
Jurisdiction
European Union
Judgment Date
03 June 2021
Procedural Posture
Preliminary Ruling (reference for a Preliminary Ruling) / Preliminary Reference From Watford Employment Tribunal to the Court of Justice of the European Union
Outcome
Article 157 TFEU must be interpreted as having direct effect in proceedings between individuals in which failure to observe the principle of equal pay for male and female workers for work of equal value is pleaded.
Legal Topics
Equal Pay, Sex Discrimination, Direct Effect of EU Law, Work of Equal Value
European Union Law Labour Law Equality Law Equal Pay Sex Discrimination Direct Effect of EU Law Work of Equal Value

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Parties

Tesco Stores Ltd

Respondent

Approximately 6,000 workers (including female and male claimants)

Claimant

Procedural Posture

Preliminary Ruling (reference for a Preliminary Ruling) / Preliminary Reference From Watford Employment Tribunal to the Court of Justice of the European Union

Legal Issues

  1. 1 Whether Article 157 TFEU has direct effect in claims based on work of equal value between male and female workers
  2. 2 Whether the single source test for comparability under Article 157 TFEU is distinct from the question of equal value and has direct effect

Ratio Decidendi

Article 157 TFEU has direct effect in proceedings between individuals where the principle of equal pay for male and female workers for work of equal value is pleaded, provided the pay conditions can be attributed to a single source.

Court Disposition

Article 157 TFEU must be interpreted as having direct effect in proceedings between individuals in which failure to observe the principle of equal pay for male and female workers for work of equal value is pleaded.

Orders

  • No answer required to the second question.
  • Decision on costs is for the referring tribunal.