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England and Wales decisions
Decisions matching the current search
The EAT held that a fixed-term employee's exclusion from training could amount to less favourable treatment without a separate detriment finding, but the appeal failed on justification and time.
The Employment Appeal Tribunal refused an appeal by the Advocate General for Scotland, upholding findings that an Army reservist was a worker and had suffered unlawful less favourable treatment.
Reservists are workers within the meaning of the Part Time Workers Directive and Regulations; exclusion from pension schemes and calculation of daily pay using a divisor of 365.25 constituted less favourable treatment solely due to part-time status, and respondent's justification based on administrative cost was not objectively valid or proportionate.
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The Employment Appeal Tribunal dismissed an age discrimination appeal, holding there was no less favourable treatment where the comparator was offered a lower package.
Court of Appeal considered the causation test under the Part-time Workers Regulations 2000 and the status of McMenemy, concluding it should be followed.
Augustine v Data Cars Ltd [2025] EWCA Civ 658 (20 May 2025)
The Court of Appeal considered whether part-time worker disadvantage must be caused solely by part-time status under the 2000 Regulations, and whether McMenemy should be followed.
EAT appeal on part-time worker detriment claim dismissed; the tribunal’s findings did not show overtime cancellation was caused by part-time status, and no comparable full-time worker was established.
The Employment Appeal Tribunal held that a sheriff’s appointment as a Temporary Judge did not create a second part-time employment relationship.
The EAT held the tribunal erred on proportionality in a part-time worker claim, but upheld the binding “sole ground” causation approach from McMenemy.
The claimants' less favourable pension treatment was not caused by their part-time status as recorders but by their appointment as circuit judges after 31 March 1995; the discrimination suffered as part-time recorders has been remedied, and no actionable less favourable treatment occurred after appointment as circuit judges.
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