Armitage v Mourne Heritage Trust (Breach of Contract Other) [2019] NIIT 09825_18IT (04 June 2019)

Armitage v Mourne Heritage Trust (Breach of Contract Other) [2019] NIIT 09825_18IT (04 June 2019)

The claimant could not use full-time Countryside Officers as comparators because they were employed under entirely separate contracts; the claimant's role was casual and supplementary, with no enforceable expectation of hours outside high season. Therefore, there was no less favourable treatment under the relevant legislation.

Citation
[2019] NIIT 09825_18IT
Parties
Claimant: Robert Armitage; Respondent: Mourne Heritage Trust
Jurisdiction
Northern Ireland
Judgment Date
04 June 2019
Procedural Posture
Industrial Tribunal / Final Judgment
Outcome
Claim dismissed
Legal Topics
Part Time Workers, Fixed Term Employees, Less Favourable Treatment, Comparators, Employment Contracts
Employment Law Part Time Workers Fixed Term Employees Less Favourable Treatment Comparators Employment Contracts

Case Brief

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Parties

Robert Armitage

Claimant

Mourne Heritage Trust

Respondent

Procedural Posture

Industrial Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the claimant, as a part-time worker, was treated less favourably than full-time workers in breach of the relevant regulations
  2. 2 Whether the claimant could use full-time Countryside Officers as comparators under the regulations

Ratio Decidendi

The claimant could not use full-time Countryside Officers as comparators because they were employed under entirely separate contracts; the claimant's role was casual and supplementary, with no enforceable expectation of hours outside high season. Therefore, there was no less favourable treatment under the relevant legislation.

Court Disposition

Claim dismissed