The ECJ said employers did not have to justify on a case-by-case basis, their pay structures based on length of service, unless a worker could raise serious doubts about the process.
In its ruling the ECJ, which overturned a UK Employment Tribunal, said “Recourse to the criterion of the length of service is appropriate to attain the legitimate objective of rewarding experience acquired which enables the worker to perform his duties better. There is no need to show that an individual worker has acquired experience during the relevant period which has enabled him to perform his duties better”. |
