In Voss v Land Berlin C-300/06, the ECJ ruled that legislation under which overtime pay arrangements result in a part-timer being paid less overall than a comparable full-timer for the same number of hours potentially contravenes the principle of equal pay enshrined in art. 141 of the Treaty establishing the European Community.
The Employment Appeal Tribunal (EAT) has held that, for a claim under the part-time workers regulations to succeed, it is not necessary for part-time status to be the only reason for the less favourable treatment.
In McMenemy v Capita Business Services Ltd  IRLR 400 CS the Court of Session held that an employer that did not award time off in lieu of bank holidays to a part-time employee who did not work on Mondays was not in breach of the part-time worker Regulations.
In Commissioners for Her Majesty's Revenue and Customs v Thorn Baker Ltd and others  EWCA Civ 626 CA, the Court of Appeal has held that agency workers engaged on fixed-term contracts of less than three months are not entitled to statutory sick pay.
A model contract clause on bank holidays for part-time workers.
In McMenemy v Capita Business Services Ltd  CSIH 25 CS, the Court of Session has considered whether part-time workers who do not work on Mondays are entitled to extra time off on a pro rata basis in respect of bank holidays that always fall on a Monday.
In McMenemy v Capita Business Services Ltd EATS/0079/05, the Employment Appeal Tribunal holds that where the contracts of both full- and part-time employees provided that they were entitled to public holidays only where they fell on a normal working day, a part-time employee who did not work on Mondays was not entitled to claim time off in lieu of Monday bank holidays.
HR and legal information and guidance relating to rights in relation to specific types of worker.