Part-time workers, fixed-term workers and discrimination—the key cases for pension lawyers
Produced in partnership with Elizabeth Ovey of Radcliffe Chambers
Part-time workers, fixed-term workers and discrimination—the key cases for pension lawyers

The following Pensions practice note produced in partnership with Elizabeth Ovey of Radcliffe Chambers provides comprehensive and up to date legal information covering:

  • Part-time workers, fixed-term workers and discrimination—the key cases for pension lawyers
  • Part-time firefighters—Matthews v Kent and Medway Towns Fire Authority
  • Part-time judges—O’Brien v Ministry of Justice
  • Court of Justice of the European Union (CJEU)
  • Supreme Court
  • The Employment Tribunal (calculation issue)
  • The Employment Appeal Tribunal (calculation issue)
  • The Court of Appeal (calculation issue)
  • Supreme Court (calculation issue)
  • CJEU (calculation issue)
  • More...

Many of the leading cases in the area of discrimination and part-time workers have been concerned with issues of sex discrimination. They are discussed in the Practice Note: Sex discrimination for pension lawyers.

This Practice Note discusses the key cases in which the courts have been concerned with claims relating to:

  1. issues as between part-time and full-time workers, whatever the gender of the workers concerned. Such cases are typically based on the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000, SI 2000/1551 (the Part-time Workers Regulations) or the directive which they transposed, namely Archived Directive 97/81/EC, (Archived Part-time Work). Note that there is a general overview of the law relating to both issues of sex discrimination and claims based on the Part-time Workers Regulations in the Practice Note: Part-time workers—discrimination issues for pension lawyers

  2. issues as between fixed-term and permanent workers. Such cases are typically based on the Fixed-term Workers (Prevention of Less Favourable Treatment) Regulations 2002, SI 2002/2034 (‘the Fixed-term Workers Regulations’) or the directive which they transposed, namely the Archived Directive 99/70/EC, (Archived Fixed-term Work). Historically at least, more than half of fixed-term workers have been women, so there is potential for issues of sex discrimination in this context also, but in practice the very few decided cases on discrimination relating to fixed-term workers have not involved such issues. There is a

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