Transfers into the public sector

Case 7: The facts

Johanna Boor's employment was transferred from a private company into a government department, which did not take into account her length of service in the private sector when calculating her pay. This resulted in a substantial drop in pay.

The ruling

The European Court of Justice ruled that the pay of an employee who transfers into the public sector can in some cases be reduced, to comply with public sector rules. However, the European directive relating to transfers should be taken into account when interpreting those rules.

Because length of service is taken into account when calculating pay in the public sector, this should have happened in Boor's case. Her pay cut - a substantial detrimental change to her working conditions - constituted a dismissal under the directive.

Boor v Ministre de la Fonction publique et de la Reforme administrative Case C-425/02