Mathews & Ors v Kent & Medway Towns Fire Authority & Ors [2004] EWCA Civ 844 (02 July 2004)

Mathews & Ors v Kent & Medway Towns Fire Authority & Ors [2004] EWCA Civ 844 (02 July 2004)

Retained firefighters are employed under the same type of contract as full-time firefighters for the purposes of the Regulations, but the Employment Tribunal was entitled to find that they are not engaged in the same or broadly similar work due to measurable additional functions, qualifications, and skills required of full-time firefighters.

Citation
[2004] EWCA Civ 844
Parties
Applicant/appellant: Mr. B. R. Mathews and Others; Respondent: Kent & Medway Towns Fire Authority; Respondent: The Royal Berkshire Fire and Rescue Services; Respondent: The Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
02 July 2004
Procedural Posture
Appeal From Employment Appeal Tribunal / Court of Appeal (civil Division) Judgment
Outcome
Appeal dismissed
Legal Topics
Part Time Workers, Employment Contracts, Comparators, Discrimination, Implementation of EU Directives
Employment Law Labour Law European Union Law Part Time Workers Employment Contracts Comparators Discrimination Implementation of EU Directives

Case Brief

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Parties

Mr. B. R. Mathews and Others

Applicant/appellant

Kent & Medway Towns Fire Authority

Respondent

The Royal Berkshire Fire and Rescue Services

Respondent

The Secretary of State for the Home Department

Respondent

Procedural Posture

Appeal From Employment Appeal Tribunal / Court of Appeal (civil Division) Judgment

Legal Issues

  1. 1 Whether retained (part-time) firefighters are employed under the same type of contract as full-time firefighters for the purposes of the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000
  2. 2 Whether retained firefighters and full-time firefighters are engaged in the same or broadly similar work under Regulation 2(4)

Ratio Decidendi

Retained firefighters are employed under the same type of contract as full-time firefighters for the purposes of the Regulations, but the Employment Tribunal was entitled to find that they are not engaged in the same or broadly similar work due to measurable additional functions, qualifications, and skills required of full-time firefighters.

Court Disposition

Appeal dismissed

Orders

  • Appellants to pay two thirds of Respondents' costs of the appeal
  • Application for permission to appeal to the House of Lords refused