Augustine v Data Cars Ltd [2024] EAT 117 (15 July 2024)

Augustine v Data Cars Ltd [2024] EAT 117 (15 July 2024)

The Employment Tribunal erred in law by failing to apply the pro rata temporis principle when assessing less favourable treatment, resulting in the claimant paying a higher circuit fee as a proportion of hours worked and/or pay than his full-time comparator. The Tribunal also erred in requiring that part-time status be the sole cause of the less favourable treatment and in focusing on the employer's intention, contrary to established legal principles. The correct test is whether part-time status was an effective cause of the treatment.

Citation
[2024] EAT 117
Parties
Appellant: Mr W Augustine; Respondent: Data Cars Ltd
Jurisdiction
United Kingdom
Judgment Date
15 July 2024
Procedural Posture
Employment Appeal Tribunal / Appeal Judgment
Outcome
Appeal allowed in part
Legal Topics
Part Time Workers, Less Favourable Treatment, Pro Rata Principle, Causation in Discrimination, Employment Contracts
Employment Law Labour Law European Union Law Part Time Workers Less Favourable Treatment Pro Rata Principle Causation in Discrimination Employment Contracts

Case Brief

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Parties

Mr W Augustine

Appellant

Data Cars Ltd

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal Judgment

Legal Issues

  1. 1 Whether the imposition of a flat circuit fee constituted less favourable treatment of a part-time worker under the Part Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (PTWR)
  2. 2 Whether causation under regulation 5(2)(a) PTWR requires that part-time status be the sole cause of the less favourable treatment

Ratio Decidendi

The Employment Tribunal erred in law by failing to apply the pro rata temporis principle when assessing less favourable treatment, resulting in the claimant paying a higher circuit fee as a proportion of hours worked and/or pay than his full-time comparator. The Tribunal also erred in requiring that part-time status be the sole cause of the less favourable treatment and in focusing on the employer's intention, contrary to established legal principles. The correct test is whether part-time status was an effective cause of the treatment.

Court Disposition

Appeal allowed in part

Orders

  • The appeal is allowed in part; the Employment Tribunal's decision is set aside to the extent of the errors identified and the case is remitted for reconsideration in accordance with the correct legal principles.