In Wippel v Peek & Cloppenburg GmbH & Co. KG, the European Court of Justice holds that a worker working pursuant to a contract under which hours of work are dependent on the amount of work available and are determined only on a case-by-case basis by agreement between the employer and worker, is within the scope of the Equal Treatment Directive.
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.
In Matthews and others v Kent and Medway Towns Fire Authority and others  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'.
This week's case round-up from Eversheds, covering: burden of proof; and part-time workers' access to pension schemes.
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.
Hilary Slater, consultant with Cobbetts solicitors, provides a round-up of employment tribunal decisions on discrimination.
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.
Our resident 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.
This week's case round-up from Eversheds, covering: treating part-time employees less favourably and knowledge of employees' mental illnesses.
Practical guidance on dealing with a request from an employee to return from maternity leave on a part-time basis; including avoiding indirect sex discrimination; and statutory flexible working requests.
HR and legal information and guidance relating to part-time work.