EAT PART TIME WORKERS
Whether the Claimant may rely on a hypothetical comparator in a PTWR claim.
Held: No.
Whether part-time worker status must be the sole reason for less favourable treatment. Answer No. Sharma preferred to Gibson and McMenemy.
The Employment Tribunal was entitled to conclude that the actual comparator relied on by the Claimant was not a true comparator. Therefore claim under PTWR was correctly dismissed by the Employment Tribunal.
Citations:
[2009] UKEAT 0261 – 08 – 1505
Links:
Employment
Updated: 26 July 2022; Ref: scu.346600