Hudson v University of Oxford

Hudson v University of Oxford

The Court of Appeal held that it was arguable, on the facts as advanced by Mr Hudson, that he was treated less favourably than a comparable full-time worker on the ground that he was a part-time worker. The factual matrix was not sufficiently clear or undisputed to justify striking out the claim as having no reasonable prospect of success. The matter was fact-sensitive and should be determined by the Employment Tribunal after hearing evidence.

Parties
Appellant: Hudson; Respondent: The University of Oxford
Jurisdiction
England and Wales
Judgment Date
27 February 2007
Procedural Posture
Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Part Time Workers, Less Favourable Treatment, Employment Contracts, Comparators, Strike Out Applications
Employment Law Part Time Workers Less Favourable Treatment Employment Contracts Comparators Strike Out Applications

Case Brief

Summary, issues, holding and outcome

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Parties

Hudson

Appellant

The University of Oxford

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the claim under the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 should have been struck out for having no reasonable prospect of success
  2. 2 Whether Mr Hudson, employed under two part-time contracts, was treated less favourably than a comparable full-time worker on the ground that he was a part-time worker

Ratio Decidendi

The Court of Appeal held that it was arguable, on the facts as advanced by Mr Hudson, that he was treated less favourably than a comparable full-time worker on the ground that he was a part-time worker. The factual matrix was not sufficiently clear or undisputed to justify striking out the claim as having no reasonable prospect of success. The matter was fact-sensitive and should be determined by the Employment Tribunal after hearing evidence.

Court Disposition

Appeal allowed

Orders

  • Matter remitted to the Employment Tribunal for determination of the claim under the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000