Commentary

(3) Less favourable treatment

Division AI Categories of Worker
| Commentary

(3) Less favourable treatment

| Commentary

(3)     Less favourable treatment

Under SI 2000/1551 reg 5(1) a part-time worker has the right not to be treated by his employer less favourably then the employer treats a comparable full-time worker, as regards the terms of his contract or by being subjected to any other detriment. Normally this factor will be a relatively simple question of fact, as is shown by two case examples: (1) where a teacher on a 0.6 post was selected for redundancy automatically because a reorganisation had left the school needing 0.6 a post less, without any consideration of his skills for filling the available posts, that was held to contravene these Regulations (Dorset CC v Omenaca-Labarta UKEAT/0092/08, [2008] All ER (D) 332 (Oct)); (2) where an aircraft crew member who had worked full-time requiring 243 days' work pa transferred to part-time on the basis of 50 per cent pay but having to work 130 days pa (not 121.5 days which would have been half of 243), this extra 8.5 days was held per se to constitute less favourable treatment (British Airways plc v Pinaud [2018] EWCA Civ 2427). This basic anti-discrimination rule is, however, subject to a defence of objective justification in reg 5(2)(b). Thus, where a comparable full-time worker receives pay or other benefits, a part-time

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