Nineteen contract cleaning companies have taken High Court proceedings challenging new regulations providing for the payment of overtime to cleaners who work hours in addition to those they were contracted to work.
Mr Justice Kearns gave leave yesterday to Mr Frank Callanan SC, for the companies, to take proceedings against the Labour Court aimed at preventing the regulations from applying to cleaners who work less than 39 hours a week.
The judge also said he would hear on Friday Mr Callanan's application for a stay which would prevent the regulations coming into force until the legal proceedings are determined.
The regulations are due to come into effect on January 1st.
The companies claim that, in providing for the payment of overtime to workers who work more than their contract hours but less than 39 hours, the Employment Regulation Order of July 2003 discriminates against full-time workers (those who work 39 hours) on the grounds of gender in that the latter are mainly male and the former are predominantly female. They want the 2003 order quashed.
