Discrimination: Part-time workers
The Supreme Court has confirmed that part-time workers are protected from less favourable treatment where their part-time status was an effective cause of that treatment.
Mr Augustine, a private hire driver, worked part-time for Data Cars Ltd, which charged drivers a flat weekly circuit fee to access its bookings system. He alleged that this fee disproportionately affected part-time drivers compared with full-time drivers and amounted to less favourable treatment under the Part-Time Workers Regulations.
The key issue was whether a claimant must show that part-time status was the sole cause of the less favourable treatment, or whether it is sufficient for part-time status to be an effective cause.
The Supreme Court held that the Regulations prohibit less favourable treatment where part-time worker status is an effective cause of the treatment. The existence of other contributing factors may however be relevant when considering an employer’s objective justification defence and assessing compensation.
Key Action Points for Human Resources and In-house Counsel
This decision resolves a long-standing uncertainty and confirms a broader scope of protection for part-time workers. They must show that their part-time worker status was an effective cause of the less favourable treatment they suffered, rather than the sole cause.
