Kitson v Alpha LSG Ld [2016] NIIT 02366_15IT (19 August 2016)

Kitson v Alpha LSG Ld [2016] NIIT 02366_15IT (19 August 2016)

The tribunal found that although the claimant was paid less than a permanent comparator, there was insufficient evidence that this was due to his fixed-term status rather than the employer's pay policy for non-core workers. Therefore, the claimant failed to establish less favourable treatment on the ground of fixed-term employment status.

Citation
[2016] NIIT 02366_15IT
Parties
Claimant: Mark Kitson; Respondent: Alpha LSG Ltd
Jurisdiction
Northern Ireland
Judgment Date
19 August 2016
Procedural Posture
Employment Tribunal / Final Judgment
Outcome
Claim dismissed
Legal Topics
Fixed Term Employment, Less Favourable Treatment, Comparators, Overtime Pay, Objective Justification
Employment Law Fixed Term Employment Less Favourable Treatment Comparators Overtime Pay Objective Justification

Case Brief

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Parties

Mark Kitson

Claimant

Alpha LSG Ltd

Respondent

Procedural Posture

Employment Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the claimant was treated less favourably than a permanent employee on the ground of his fixed-term employment status under the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2002
  2. 2 Whether any less favourable treatment was justified on objective grounds

Ratio Decidendi

The tribunal found that although the claimant was paid less than a permanent comparator, there was insufficient evidence that this was due to his fixed-term status rather than the employer's pay policy for non-core workers. Therefore, the claimant failed to establish less favourable treatment on the ground of fixed-term employment status.

Court Disposition

Claim dismissed