In Voss v Land Berlin the ECJ held that a rule requiring employees to work more than five hours overtime a month in order to qualify for overtime pay was detrimental to part-time workers and may give rise to an equal pay claim under Article 141 of the EC Treaty.

Impact on employers

Although the overtime arrangements in this case were unusual, the implications of the ECJ's judgment are that if a part-time worker works additional hours such that their working time in a given period equates to full time working, they would be entitled to the full time rate for that period. If overtime payments do not bring them up to the full time rate or if they receive only time off in lieu for extra hours worked, they could have a claim on the basis of their part time status or for equal pay.