All items: Less favourable treatment

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  Alan Gibson v The Scottish Ambulance Service EATS/0052/04 (1 report relating to this case)

  • Case round-up: Part-time employee rights

    Date:

    22 February 2005

    This week's case round-up from Eversheds, covering less favourable treatment of part-time employees.

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  British Airways plc v Pinaud [2019] IRLR 144 CA (1 report relating to this case)

  • Part-time working: 50% pay for 53.5% of full-time hours was less favourable treatment

    Date:

    21 November 2018

    In British Airways plc v Pinaud, the Court of Appeal held that a part-time worker's contract requiring her to be available for work 53.5% of the time that a full-time comparator was required to be available for work constituted less favourable treatment because she was paid only 50% of the full-time salary.

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  Broadist v HM Prison Service ET/2410153/19 (1 report relating to this case)

  • Age discrimination: Requiring semi-retired dog handler to work full time was discriminatory

    Date:

    2 July 2020

    In Broadist v HM Prison Service, an employment tribunal found that the employer's refusal to allow a semi-retired dog handler to remain working on a part-time basis with an alternative dog, after his dog had died, amounted to indirect age discrimination.

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  Carl v University of Sheffield [2009] IRLR 616 EAT (2 reports relating to this case)

  • Part-time workers: Less favourable treatment does not have to be solely on grounds of part-time status

    Date:

    27 July 2009

    In Carl v University of Sheffield [2009] IRLR 616 EAT, the EAT held that a part-time worker complaining of less favourable treatment does not have to show that the treatment was solely on the ground of his or her part-time status. The EAT also held that the comparison must be with an actual, not a hypothetical, comparator.

  • Carl v University of Sheffield

    Date:

    20 May 2009

    The Employment Appeal Tribunal has held that the claimant's part-time status does not have to be the sole reason for the less favourable treatment in order for him or her to succeed in a claim under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (SI 2000/1551).

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  Fidessa plc v Lancaster EAT/0093/16 (1 report relating to this case)

  • Case round-up

    Date:

    1 May 2017

    Kirsti Laird is senior associate at Charles Russell Speechlys. She rounds up the latest rulings.

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  Matthews and others v Kent & Medway Towns Fire Authority and others [2003] IRLR 732 EAT (3 reports relating to this case)

  • Case round-up: burden of proof; and part-time workers' access to pension schemes

    Date:

    25 November 2003

    This week's case round-up from Eversheds, covering: burden of proof; and part-time workers' access to pension schemes.

  • Part-time workers: Difference in treatment of retained and full-time firefighters was reasonable

    Date:

    1 November 2003

    In Matthews and others v (1) Kent and Medway Towns Fire Authority (2) Royal Berkshire Fire and Rescue Service (3) The Secretary of State for the Home Department, the EAT holds that an employment tribunal was right to find that retained firefighters and full-time firefighters were employed under different types of contract for the purposes of the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000, and that it was reasonable for the employer to treat them differently.

  • Case round-up

    Date:

    1 October 2003

    Our residents experts at Pinsents bring you a comprehensive update on all the latest decisions that could affect your organisation, and advice on what to do about them.

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  Matthews and others v Kent & Medway Towns Fire Authority and others [2004] IRLR 697 CA (2 reports relating to this case)

  • Part- and full-time firefighters on the same contracts, but not the same work

    Date:

    1 October 2004

    In Matthews and others v Kent and Medway Towns Fire Authority and others (2 July 2004), the Court of Appeal holds that retained firefighters are employed on the same type of contract as full-time firefighters, as required by reg. 2(4) of the Part-time Workers Regulations, but the retained firefighters claim is unsuccessful as the work they do is found not to be "the same or broadly similar" to their full-time comparators.

  • Matthews and others v Kent and Medway Towns Fire Authority and others

    Date:

    1 September 2004

    In Matthews and others v Kent and Medway Towns Fire Authority and others [2004] IRLR 697 CA, the Court of Appeal held that although whole-time and part-time fire-fighters both dealt with fires as their core work, the whole-time fire-fighters had additional duties and there were sufficient differences in their work to mean that it was not 'broadly similar'.

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  Matthews and others v Kent & Medway Towns Fire Authority and others [2006] IRLR 367 HL (3 reports relating to this case)

  • Part-time workers: 'Broadly similar work' test in part-time workers legislation requires assessment of work as a whole

    Date:

    19 May 2006

    In Matthews and others v Kent & Medway Towns Fire Authority and others [2006] UKHL 8, the House of Lords held that in the assessment of whether full- and part-time workers are employed on broadly similar work, both the differences and the similarities between the two groups should be considered and an overall assessment made.

  • Case round-up

    Date:

    1 April 2006

    Joe Glavina, of Addleshaw Goddard outlines the latest legal rulings and explains what you need to do to avoid tribunals.

  • Ruling gives part-timers more rights

    Date:

    14 March 2006

    Part-time staff claiming the same rights as full-timers have received a major boost from a crucial decision by the House of Lords.

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  McMenemy v Capita Business Services Ltd [2006] IRLR 761 EAT (2 reports relating to this case)

  • Part-time workers: Part-time employee not entitled to Monday bank holidays

    Date:

    8 September 2006

    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.

  • Case round-up: Part-time workers and bank holidays

    Date:

    30 May 2006

    This week's case round-up from Eversheds, covering part-time workers and bank holidays.

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  McMenemy v Capita Business Services Ltd [2007] IRLR 400 CS (2 reports relating to this case)

  • Part-time workers: Part-timers and bank holidays

    Date:

    8 August 2007

    In McMenemy v Capita Business Services Ltd [2007] 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.

  • McMenemy v Capita Business Services Ltd

    Date:

    4 April 2007

    In McMenemy v Capita Business Services Ltd [2007] 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.