Lavery v Lavery (Discrimination - Part Time Working Unauthorised Deduction of Wages) [2019] NIIT 05222_18IT (16 August 2019)

Lavery v Lavery (Discrimination - Part Time Working Unauthorised Deduction of Wages) [2019] NIIT 05222_18IT (16 August 2019)

The tribunal found that the claimant was a proper comparator to the full-time worker for the purposes of the Regulations, that she was not treated less favourably regarding travelling expenses and subsistence allowances as these were subsumed in her daily fee, but was treated less favourably regarding car parking expenses at her assigned centre, which was not justified and was on the ground of her part-time status. Compensation was awarded for the car parking expenses only.

Citation
[2019] NIIT 05222_18IT
Parties
Claimant: Catherine Ruth Lavery; Respondent: Department for Communities
Jurisdiction
Northern Ireland
Judgment Date
16 August 2019
Procedural Posture
Industrial Tribunal / Final Judgment After Substantive Hearing and Reconvened Hearing
Outcome
Partly upheld and partly dismissed
Legal Topics
Part Time Worker Discrimination, Unauthorised Deduction of Wages, Comparators in Employment Law, Travel and Subsistence Allowances
Employment Law Discrimination Law Part Time Worker Discrimination Unauthorised Deduction of Wages Comparators in Employment Law Travel and Subsistence Allowances

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Catherine Ruth Lavery

Claimant

Department for Communities

Respondent

Procedural Posture

Industrial Tribunal / Final Judgment After Substantive Hearing and Reconvened Hearing

Legal Issues

  1. 1 Whether the claimant, a part-time fee-paid legally qualified member, was treated less favourably than a comparable full-time worker regarding travelling expenses, subsistence allowances, and car parking expenses under the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2000.
  2. 2 Whether any less favourable treatment was on the ground of part-time worker status.

Ratio Decidendi

The tribunal found that the claimant was a proper comparator to the full-time worker for the purposes of the Regulations, that she was not treated less favourably regarding travelling expenses and subsistence allowances as these were subsumed in her daily fee, but was treated less favourably regarding car parking expenses at her assigned centre, which was not justified and was on the ground of her part-time status. Compensation was awarded for the car parking expenses only.

Court Disposition

Partly upheld and partly dismissed

Orders

  • Claim for part-time worker discrimination regarding travelling expenses and subsistence allowances dismissed.
  • Claim for part-time worker discrimination regarding car parking expenses upheld.