| Commentary

(2) Comparator

| Commentary

(2)     Comparator

A comparable full-time worker is one who is employed by the same employer under the same type of contract and engaged in the same or broadly similar work (whether on a fixed-term or permanent basis) who has a similar level of qualifications and experience, and works at the same establishment as the part-time worker (SI 2000/1551 reg 2(4)). If there is no full-time worker based at the same establishment, or one who satisfies the requirement that they must be employed by the same employer under the same type of contract and be engaged in the same or broadly similar work having regard, where relevant, to whether they have a similar level of qualifications, skills and experience then full-time workers who satisfy these conditions but are based at a different establishment of the employer can be considered (reg 2(4)(b)). Part-time workers are, however, only allowed to compare their jobs with a full-time worker doing the same job for the same employer and there is no provision for a hypothetical comparator (Carl v University of Sheffield [2009] IRLR 616, EAT); moreover, the concept of 'associated employers' (see H [566] ff) is not adopted by these Regulations. In practice, this means that many part-timers doing jobs only done by part-timers (eg cleaning jobs) will not fall within the protection of the Part-Time Regulations.

On the other hand, in many cases there will be full-time equivalents and the comparison will be clear. However, the case (on unusual

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