Collective equal pay proceedings: Stibbe advises Bureau Clara Wichmann and two individual judges

Background

The case revolved around the Dutch State's practice of using a candidates most recently earned salary as the basis for determining their starting salary upon appointment as a judge. Bureau Clara Wichmann argued that this policy, known as the "last-earned salary" system, disproportionately disadvantaged female judges, whose prior salaries were structurally lower than those of their male counterparts as a result of historical pay disparities in the labour market. This resulted in significant pay differences, which in individual cases amounted to thousands of euros per year.

Outcome

The Netherlands Institute for Human Rights ruled that the State's use of the last-earned salary system as a basis for judicial pay constitutes prohibited discrimination on the grounds of gender, in violation of Dutch equal treatment legislation. The ruling is an important first step towards obtaining recognition and compensation for female judges who have been paid less than their male colleagues for many years.

Legal context

The case was brought against the backdrop of a rapidly evolving European legal landscape. The EU Pay Transparency Directive, which will enter into force in the Netherlands on 1 January 2027, introduces new and more stringent obligations for employers — including public sector employers — with respect to pay equality and the elimination of unjustified pay differentials. Part of the upcoming legislation is a ban on asking candidates about their last-earned salary.

Stibbe's role

Stibbe lawyers Astrid Helstone and Fiona Stewart represented Bureau Clara Wichmann throughout the proceedings. The Stibbe team provided legal advice and advocacy on equal treatment law, EU gender equality directives, and the applicable framework under Dutch employment and administrative law.

More information on equal pay via this link.