Holmes Mackillop urges employers to review arrangements for part-time employees
Following the Supreme Court review of the test for part-time workers who want to make a discrimination claim in the recent decision of Augustine v Data Cars, Holmes Mackillop Solicitors is urging employers to revie arrangements for part-time workers.
The case concerned a part-time taxi driver who was required to pay a weekly fee to access Data Cars' booking system. However, Mr Augustine was charged the same fee as his full-time colleagues.
Discussion centred on whether a worker's part-time status needed to be the sole cause of less favourable treatment or, alternatively, if it need only be an effective cause. The court preferred the latter approach, meaning the causation test for part-time work discrimination is the same as other discrimination claims.
John Di Paola, senior associate at Holmes Mackillop, said that employers may still be able to treat part-time employees differently in appropriate circumstances, but they may want to review arrangements for their part-time employees and document decisions as and when they take place.
“This is not just in relation to pay and holidays, but they may want to consider benefits, any membership fees employees need to pay and other arrangements such as working from home and overtime opportunities,” he said.
“Employers may need to justify and seek advice on any arrangement which cannot function on a pro-rata basis.”
ENDS
For further information please contact John Di Paola tel 0141 226 4942