For a part-time worker to make a claim for breach of their rights, does the worker’s part-time status need to be the sole cause of the less favourable treatment by their employer?
Regulation 5 of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (the “Regulations”) gives part-time workers the right not to be treated less favourably than comparable full-time workers in terms of their contract or any other detriment caused by their employer’s actions or omissions, where such treatment cannot be objectively justified.
The Court of Appeal, in the case of Augustine v Data Cars Ltd [2024] EWCA Civ XXX, having considered recent case law in this area, confirmed that the part-time status of the worker must be the sole cause of the less favourable treatment for a claim to succeed under the Regulations. In Augustine, the claimant worked as a part-time driver and was required to pay a weekly 'circuit' fee of £148—the same amount paid by full-time drivers. The Court held that this did not amount to less favourable treatment on the grounds of part-time status, even though the fee represented a larger proportion of his earnings compared to full-time drivers. This was because his part-time status was not the sole reason for the disparity.
Previously, the Employment Appeal Tribunal (EAT) in England and Wales had taken a different view. In Sharma and Others v Manchester City Council, the EAT held that being part-time need only be one of the reasons for the less favourable treatment. Furthermore, in Carl v University of Sheffield, the EAT suggested that part-time work must be the effective and predominant cause, though not necessarily the only cause, of the treatment complained of.
The Court of Appeal’s decision in Augustine appears to depart from these earlier tribunal rulings, which are not binding on the Court of Appeal. The Court has indicated that it would grant leave for the case to be appealed to the Supreme Court, to allow for final clarification on this important issue.
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