Mathews & Ors v Kent & Medway Towns Fire Authority & Ors

Mathews & Ors v Kent & Medway Towns Fire Authority & Ors

Retained firefighters are employed under the same type of contract as full-time firefighters for the purposes of the Regulations, but are not engaged in the same or broadly similar work due to measurable additional functions, qualifications, and skills required of full-time firefighters. Therefore, retained firefighters cannot use full-time firefighters as comparators for claims of less favourable treatment under the Regulations.

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

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Parties

Mr. B. R. Mathews and Others

Applicant/appellant

Kent & Medway Towns Fire Authority

Respondent

Royal Berkshire Fire and Rescue Services

Respondent

Secretary of State for the Home Department

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether retained (part-time) firefighters are employed under the same type of contract as full-time firefighters within the meaning of Regulation 2 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 for the purposes of comparability under the Regulations

Ratio Decidendi

Retained firefighters are employed under the same type of contract as full-time firefighters for the purposes of the Regulations, but are not engaged in the same or broadly similar work due to measurable additional functions, qualifications, and skills required of full-time firefighters. Therefore, retained firefighters cannot use full-time firefighters as comparators for claims of less favourable treatment under the Regulations.

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