Search Results for: Part-time Worker

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Knox Board of Governors Drumcree College and Another (Part-Time Workers ): NIIT 18 Feb 2004

The claim was brought under the 2000 Regulations, the claimant asserting that she had been subjected to a detriment by not being appointed to a Head of Home Economics Department post. Held: She had not been less favourably treated for having been a part time worker. The evidence recovered by the internal trawl did not … Continue reading Knox Board of Governors Drumcree College and Another (Part-Time Workers ): NIIT 18 Feb 2004

Ministry of Justice v Blackford (Part Time Workers): EAT 6 Mar 2018

PART TIME WORKERS The Claimant was a Barrister and worked part-time as a Recorder. His application for extension of office so that he could continue to sit beyond his statutory retirement age of 70 was refused by the Respondent, while a Circuit Judge, accepted as being a relevant full-time comparator, was permitted to work on … Continue reading Ministry of Justice v Blackford (Part Time Workers): EAT 6 Mar 2018

British Airways v Pinaud (Part Time Workers): EAT 1 Aug 2017

EAT PART TIME WORKERS The Employment Tribunal correctly approached the question whether the Claimant was treated by the Respondent less favourably than it treated a full-time comparator as regards a term of the contract concerned with pattern of availability for work (regulation 5(1)(a) of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000). The … Continue reading British Airways v Pinaud (Part Time Workers): EAT 1 Aug 2017

The Ministry of Justice v Burton and Another (Part Time Workers): EAT 27 Nov 2015

PART TIME WORKERS An EJ decided that part-time judges of the Residential Property Tribunal had been treated less favourably that their full time comparators (full-time salaried judges of the First-Tier Tribunal (Tax Chamber) in respect of payment for writing-up decisions in Leasehold Valuation Tribunal cases. He thought they should be paid two-thirds of a daily … Continue reading The Ministry of Justice v Burton and Another (Part Time Workers): EAT 27 Nov 2015

Barton v Secretary of State for Scotland and Others (Part Time Workers): EAT 10 Mar 2015

EAT Part Time Workers – The claimant made a claim under the Part-Time workers (Prevention of Less Favourable Treatment) Regulations 2000. The claimant worked as clerk to the General Commissioners of Income Tax until that body was abolished in 2009. The Taxes Management Act 1970 provided by section 3(3) a discretionary power to award a … Continue reading Barton v Secretary of State for Scotland and Others (Part Time Workers): EAT 10 Mar 2015

Moultrie and Others v The Ministry of Justice (Part Time Workers): EAT 16 Jan 2015

EAT PART TIME WORKERS The Appellants are fee-paid medical members of Tribunals. They were not given access to a pension scheme in respect of their service whereas salaried or full-time regional medical members were. The Appellants contended that the work of the typical fee-paid medical member was the same as or broadly similar to that … Continue reading Moultrie and Others v The Ministry of Justice (Part Time Workers): EAT 16 Jan 2015

Preston and Others v Wolverhampton Healthcare NHS Trust and Others, Fletcher and Others v Midland Bank Plc (No 2): HL 8 Feb 2001

Part-time workers claimed that they had been unlawfully excluded from occupational pension schemes because membership was dependent on an employee working a minimum number of hours per week and that that was discriminatory because a considerably . .

Matthews and others v Kent and Medway Towns Fire Authority and others: CA 2 Jul 2004

Part time retained firefighters claimed discrimination under the Regulations when their conditions of service were compared with those of full-time firefighters. They appealed a finding that they had been employed under different types of contract and that therefore no claim arose. Held: There was insufficient reason to treat the retained firefighters as being employed under … Continue reading Matthews and others v Kent and Medway Towns Fire Authority and others: CA 2 Jul 2004

Augustine v Econnect Cars Ltd: EAT 20 Dec 2019

Jurisdictional Points – Worker, Employee or Neither The employment tribunal had properly found that the claimant was a ‘worker’ but not an ’employee’ within section 230 of the Employment Rights Act 1996. There was no error of law or wrong approach to that issue. The tribunal had erred in deciding that the claimant was not … Continue reading Augustine v Econnect Cars Ltd: EAT 20 Dec 2019

Ministry of Justice v McGrandle: EAT 26 Jul 2022

Practice and Procedure/Part Time Workers The Claimant was a retired chairman in the Residential Property Tribunal Service. On 20/10/11 she brought a claim against the MOJ as part of the O’Brien/Miller litigation claiming that in receiving no pension she was being subjected to discrimination as a part-time worker. Her claim was stayed pending the outcome … Continue reading Ministry of Justice v McGrandle: EAT 26 Jul 2022

Copple and Others v Littlewoods Plc and Others: CA 8 Nov 2011

Elias LJ said: ‘This appeal raises a short point of some importance relating to the rights which certain female part-time workers can assert once they are able to establish that their employer’s pension scheme indirectly discriminated against part-timers on grounds of sex by denying them access to the employer’s occupational pension scheme. The critical feature … Continue reading Copple and Others v Littlewoods Plc and Others: CA 8 Nov 2011

Baxter v Titan Aviation Ltd: EAT 30 Aug 2011

EAT NATIONAL MINIMUM WAGEPART TIME WORKERSAppellant a casual driver for the Respondent – Brings claims for (a) discrimination contrary to Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000; (b) victimisation contrary to the PTWR; (c) discrimination contrary to reg. 6 of the Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002; and (d) … Continue reading Baxter v Titan Aviation Ltd: EAT 30 Aug 2011

Abdulla and Others v Birmingham City Council: QBD 17 Dec 2010

The defendant applied for an order declaring that the claim would better be brought in an employment tribunal and that accordingly the County court should decline jurisdiction. Held: The application was dismissed: ‘ I reject the submission by the Defendant that convenience must be judged in some abstract way by reference to whether a case … Continue reading Abdulla and Others v Birmingham City Council: QBD 17 Dec 2010

Istituto nazionale della previdenza sociale (INPS) v Bruno, Pettini (Social Policy): ECJ 10 Jun 2010

Europa Directive 97/81/EC – Framework Agreement on part-time work – Equal treatment of part-time and full-time workers – Calculation of the period of service required to obtain a retirement pension – Periods not worked disregarded – Discrimination.The question arose whether service prior to the entry into force of the directive counted towards the service required … Continue reading Istituto nazionale della previdenza sociale (INPS) v Bruno, Pettini (Social Policy): ECJ 10 Jun 2010

North Cumbria University Hospitals NHS Trust v Fox and Others: CA 30 Jun 2010

The employer had altered existing employment contracts. The claimants having commenced discrimination claims then sought to add to the existing proceedings comparators from different job groups. The tribunal had been asked whether, given that this amounted to a new claim (applying Bainbridge), that new claim was out of time and if so whether its discretion … Continue reading North Cumbria University Hospitals NHS Trust v Fox and Others: CA 30 Jun 2010

Commission v Moravia Gas Storage: ECJ 26 Mar 2015

Judgment – Appeals – Internal market in natural gas – Obligation of natural gas undertakings – Organisation of a system of negotiated third party access to gas storage facilities – Decision of the Czech authorities – Temporary exemption for future underground gas storage facilities in Damborice – Commission decision – Order to withdraw the exemption … Continue reading Commission v Moravia Gas Storage: ECJ 26 Mar 2015

O’Brien v Ministry of Justice: ECJ 1 Mar 2012

1) European Union law must be interpreted as meaning that it is for the member states to define the concept of ‘workers who have an employment contract or an employment relationship’ in clause 2.1 of the Framework Agreement . . and in particular, to determine whether judges fall within that concept, subject to the condition … Continue reading O’Brien v Ministry of Justice: ECJ 1 Mar 2012

Istituto nazionale della previdenza sociale (INPS) v Lotti, Matteucci (Social Policy): ECJ 10 Jun 2010

EU Directive 97/81/EC – Framework Agreement on part-time work – Equal treatment of part-time and full-time workers – Calculation of the period of service required to obtain a retirement pension – Periods not worked disregarded – Discrimination. Citations: C-396/08, [2010] EUECJ C-396/08 Links: Bailii Statutes: Directive 97/81/EC Jurisdiction: European Cited by: Cited – O’Brien v … Continue reading Istituto nazionale della previdenza sociale (INPS) v Lotti, Matteucci (Social Policy): ECJ 10 Jun 2010

Department of Constitutional Affairs v O’Brien: EAT 22 Apr 2008

EAT JURISDICTIONAL POINTS Claim in time and effective date of terminationExtension of time: just and equitable Appeal against Chair’s exercise of discretion to extend time for a PTWR claim allowed. The Chair had asked whether there was a good reason not to extend, rather than whether there was a good reason to do so, and … Continue reading Department of Constitutional Affairs v O’Brien: EAT 22 Apr 2008

Vroege v Nciv Instituut Voor Volkshuisvesting Bv and Stichting Pensioenfonds Nciv: ECJ 28 Sep 1994

1. Social policy – Male and female workers – Equal pay – Pay – Concept – Right to join a private occupational pension scheme – Included – Exclusion of married women from membership – Not permissible – Exclusion of part-time workers – Part-time staff composed principally of women – Not permissible where there is no … Continue reading Vroege v Nciv Instituut Voor Volkshuisvesting Bv and Stichting Pensioenfonds Nciv: ECJ 28 Sep 1994

Kuratorium fur Dialyse und Nierentransplantation v Lewark: ECJ 6 Feb 1996

Europa The concept of pay within the meaning of Article 119 of the Treaty comprises any consideration, whether in cash or in kind, whether immediate or future, provided that the worker receives it, albeit indirectly, in respect of his employment from his employer, and irrespective of whether the worker receives it under a contract of … Continue reading Kuratorium fur Dialyse und Nierentransplantation v Lewark: ECJ 6 Feb 1996

Bilka-Kaufhaus v Webers Von Hartz: ECJ 13 May 1986

ECJ An occupational pension scheme which, although established in accordance with statutory provisions, is based on an agreement between the employer and employee representatives constitutes an integral part of the contract of employ- ment and has the effect of supplementing the social benefits paid under national legislation of general application with benefits financed entirely by … Continue reading Bilka-Kaufhaus v Webers Von Hartz: ECJ 13 May 1986

Cass v Amt-Sybex (NI) Ltd: NIIT 30 Sep 2009

NIIT The tribunal finds that the claimant did not suffer discrimination on the grounds of sex or her part-time working status and accordingly her claims are dismissed. Judges: Mr B Greene Citations: [2009] NIIT 7 – 08IT Links: Bailii Statutes: Sex Discrimination (Northern Ireland) Order 1976, Part-time Workers (Provision of Less Favourable Treatment) Regulations 2000 … Continue reading Cass v Amt-Sybex (NI) Ltd: NIIT 30 Sep 2009

Old Buckenham Park (Brettenham) Educational Trust Limited (T/A Old Buckenham Hall (OBH)) v Parker: EAT 3 Jul 2009

EAT PART TIME WORKERSDISABILITY DISCRIMINATION: Reasonable adjustmentsUNFAIR DISMISSAL: Constructive dismissalThe Employment Tribunal did not err when it held the Claimant was Head of Art and so appointment of another constituted constructive unfair dismissal, and since the employer required the new Head to be full-time and the Claimant was not, it discriminated against her as a … Continue reading Old Buckenham Park (Brettenham) Educational Trust Limited (T/A Old Buckenham Hall (OBH)) v Parker: EAT 3 Jul 2009

Carl v The University of Sheffield: EAT 15 May 2009

EAT PART TIME WORKERSWhether 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 … Continue reading Carl v The University of Sheffield: EAT 15 May 2009

Calder v The Secretary Of State for Work and Pensions: EAT 6 Mar 2009

EAT TIME OFF: Trade union activities PART TIME WORKERS Appeal in respect of the alleged failure to permit the Appellant to take time off in accordance with Regulation 4(2) of the Safety Representatives and Safety Committees Regulations 1977 dismissed since although there was a dispute about the reasonableness of the request, the course was not … Continue reading Calder v The Secretary Of State for Work and Pensions: EAT 6 Mar 2009

Christie v Department for Constitutional Affairs Department for Work and Pensions: EAT 23 Jul 2007

EAT Part time chairmen of tribunals are not workers within the legislation allowing them to claim payment of a pension. Regulation 17 was compatible with the Directive. Judges: Elias J Citations: [2007] UKEAT 0140 – 07 – 2307, Times 04-Nov-2007, [2007] ICR 1553 Links: Bailii Statutes: Part-time Workers Framework Directive 97/81/EC, Part-time Workers (Prevention of … Continue reading Christie v Department for Constitutional Affairs Department for Work and Pensions: EAT 23 Jul 2007

Secretary of State for Health v Rance: EAT 4 May 2007

EAT Equal Pay Act – Part time pensions Practice and Procedure – Appellate jurisdiction/Reasons/Burns-Barke The EAT exercised its discretion to allow a point conceded at the Employment Tribunal to be reopened on appeal. The exceptional circumstances included the fact that the issue went to jurisdiction, these were four test cases representing 120 similar concessions in … Continue reading Secretary of State for Health v Rance: EAT 4 May 2007

Secretary of State for Trade and Industry v Rutherford and others: HL 3 May 2006

The claimant sought to establish that as a male employee, he had suffered sex discrimination in that he lost rights to redundancy pay after the age of retirement where a woman might not. Held: The appeal was dismised. There were very few people affected by the provisions, and provisions were on their face non-dicriminatory. Was … Continue reading Secretary of State for Trade and Industry v Rutherford and others: HL 3 May 2006

Ingrid Rinner-Kuehn v Fww Spezial-Gebaudereinigung Gmbh and Co. Kg: ECJ 13 Jul 1989

The Court heard a complaint about a German statute providing that an employer need not pay sick pay to a part-time worker. In at least seven member states part-time workers were predominantly women (the percentages ranging from 89% in the Federal Republic to 62% in Italy; only in Denmark, at 54%, was there anything close … Continue reading Ingrid Rinner-Kuehn v Fww Spezial-Gebaudereinigung Gmbh and Co. Kg: ECJ 13 Jul 1989

Matthews and others v Kent and Medway Towns and Fire Authority and others: HL 1 Mar 2006

Retained or part-time firefighters sought parity of working conditions with full time firefighters. Held: The retained firefighters’ appeal succeeded (Lords Carswell and Mance dissenting). The test was whether the part-time and full time workers had substantially similar contract and did substantially similar work. What was meant by similarity in this case had to be tested … Continue reading Matthews and others v Kent and Medway Towns and Fire Authority and others: HL 1 Mar 2006

Manson v Ministry of Defence: CA 4 Nov 2005

Judges: Keen LJ, Scott Baker LJ, Richards LJ Citations: [2005] EWCA Civ 1678, [2006] ICR 355 Links: Bailii Statutes: Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 Jurisdiction: England and Wales Citing: See Also – Manson v Ministry of Defence EAT 30-Oct-2002 . . Appeal from – Manson, Regina (on the Application Of) v … Continue reading Manson v Ministry of Defence: CA 4 Nov 2005

Vroege v NCIV Instituut voor Volkshuisvesting B V: ECJ 28 Sep 1994

Europa The right to join an occupational pension scheme, the rules of which were not laid down directly by law but were the result of negotiation between both sides of the industry concerned and all that the public authorities did was, at the request of such employers’ and trade union organizations as were considered to … Continue reading Vroege v NCIV Instituut voor Volkshuisvesting B V: ECJ 28 Sep 1994

Dr Thatcher v Middlesex University, Secretary of State for Education: EAT 10 Jun 2005

EAT Equal Pay Act – Part-time worker’s pension. – The Employment Tribunal Chairman erred in concluding the claim was submitted out of time when a stable employment relationship had been established. The analysis of the contractual differences alone was inaccurate, and this failure to consider and apply unchallenged evidence was an error.McMullen J said that: … Continue reading Dr Thatcher v Middlesex University, Secretary of State for Education: EAT 10 Jun 2005

Hockenjos v Secretary of State for Social Security (No 2): CA 21 Dec 2004

The claimant shared child care with his former partner, but claimed that the system which gave the job-seeker’s child care supplement to one party only was discriminatory. Held: In such cases the supplement usually went to the mother, and this had a diverse impact on men. It was for the Secretary of State to justify … Continue reading Hockenjos v Secretary of State for Social Security (No 2): CA 21 Dec 2004

Wippel v Peek and Cloppenburg GmbH and Co. KG: ECJ 12 Oct 2004

ECJ Opinion – Directive 97/81/EC – Directive 76/207/EEC – Social policy – Equal treatment as between part-time and full-time workers – Equal treatment as between male and female workers – Working hours and organisation of working-time.A part-time worker was engaged under a framework contract of employment which lasted in the event from October 1998 to … Continue reading Wippel v Peek and Cloppenburg GmbH and Co. KG: ECJ 12 Oct 2004

J P Jenkins v Kingsgate (Clothing Productions) Ltd: EAT 19 Jun 1981

The claimant worked part time. She said that she should have been paid at the same rate as her male full time equivalents, the failure being incompatible with her rights under Article 119. Held: The scope of Article 119 EEC covers not only direct but also indirect discrimination. The difference between part-time and full-time work … Continue reading J P Jenkins v Kingsgate (Clothing Productions) Ltd: EAT 19 Jun 1981

Preston and others v Wolverhampton Healthcare NHS Trust and others: EAT 3 Nov 2003

EAT Judge McMullen QC adopted a limited view of the scope of the new principle of stable employment set out at the ECJ and HL. He thought it was intended ‘to rescue employees who do not have a permanent job’; and that it was confined to cases of the kind considered by the ECJ, that … Continue reading Preston and others v Wolverhampton Healthcare NHS Trust and others: EAT 3 Nov 2003

Deutsche Telekom AG v Schroder: ECJ 10 Feb 2000

ECJ (Judgment) Equal pay for men and women – Article 119 of the EC Treaty (Articles 117 to 120 of the EC Treaty have been replaced by Articles 136 EC to 143 EC) – Protocol concerning Article 119 of the EC Treaty – Occupational social security schemes – Exclusion of part-time workers from a supplementary … Continue reading Deutsche Telekom AG v Schroder: ECJ 10 Feb 2000

Sougrin v Haringey Health Authority: EAT 31 Jul 1991

The applicant alleged discrimination arising out of a disputed grading. She claimed the grading she had received in 1988 amounted to direct discrimination on grounds of race, and that because this affected her pay there was a ‘continuing act’ of discrimination, which entitled her to present a complaint in 1990. Held: Time ran from the … Continue reading Sougrin v Haringey Health Authority: EAT 31 Jul 1991

Ministry of Justice v Burton and Another: CA 12 Jul 2016

This appeal raises a short point. It arises out of the long running litigation about whether, and to what extent, part-time fee-paid judges have been treated less favourably than full-time salaried judges contrary to the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000. Held: The Ministry’s appeal failed. The appellant had not established any … Continue reading Ministry of Justice v Burton and Another: CA 12 Jul 2016

Rewe-Zentralfinanz eG v Landwirtschaftskammer fur das Saarland (Judgment): ECJ 16 Dec 1976

‘the right of individuals to rely on the directly effective provisions of the Treaty before national courts is only a minimum guarantee and is not sufficient in itself to ensure the full and complete implementation of the Treaty’1. The prohibition laid down in article 13 of the treaty and that laid down in article 13 … Continue reading Rewe-Zentralfinanz eG v Landwirtschaftskammer fur das Saarland (Judgment): ECJ 16 Dec 1976

Miller and Others v Ministry of Justice: SC 16 Dec 2019

The issue in this appeal is when time starts to run for a claim by a part-time judge to a pension under the Part-time Workers’ Directive (Directive 97/81) (‘PTWD’), as applied by the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (SI 2000/1551). The Appeals were allowed. As judicial officers are not employed under … Continue reading Miller and Others v Ministry of Justice: SC 16 Dec 2019

Gilham v Ministry of Justice: SC 16 Oct 2019

The Court was asked whether a district judge qualifies as a ‘worker’ for the purpose of the protection given to whistle-blowers under Part IVA of the 1996 Act, and if not then was the absence of protection an infringement of her human rights. Held: As an office holder, she was neither employee nor worker, and … Continue reading Gilham v Ministry of Justice: SC 16 Oct 2019

Preston and Others v Wolverhampton Healthcare NHS Trust and Others; Fletcher and Others v Midland Bank plc: ECJ 16 May 2000

ECJ Social policy – Men and women – Equal pay – Membership of an occupational pension scheme – Part-time workers – Exclusion – National procedural rules – Principle of effectiveness – Principle of equivalence. Citations: [2001] 2 AC 415, C-78/98, [2000] IRLR 06, [2000] EUECJ C-78/98 Links: Bailii Jurisdiction: European Citing: Reference From – Preston … Continue reading Preston and Others v Wolverhampton Healthcare NHS Trust and Others; Fletcher and Others v Midland Bank plc: ECJ 16 May 2000

Fletcher and others and Preston and others v Midland Bank Plc and Wolverhampton Healthcare NHS Trust Secretary of State for Health and others: EAT 24 Jun 1996

EAT Equal Pay Act – Addendum to principal judgment. Part timers’ claims for membership of pension schemes only made out of time. EAT Equal Pay Act – (no sub-topic). Judges: The Honourable Mr Justice Mummery Citations: Times 02-Jul-1996, EAT/6/96, EAT/5/96, [1996] UKEAT 5 – 96 – 2406 Links: EAT, Bailii Statutes: Equal Pay Act 1970 … Continue reading Fletcher and others and Preston and others v Midland Bank Plc and Wolverhampton Healthcare NHS Trust Secretary of State for Health and others: EAT 24 Jun 1996

Ten Oever v Stichting Bedrijfspensioenfonds voor het Glazenwassers- en Schoonmaakbedrijf (Judgment): ECJ 6 Oct 1993

Equal pay for men and women – Survivor’s pension – Limitation of the effect in time of the judgment in Case C-262/88 Barber.As to Barber: ‘The Court’s ruling took account of the fact that it is a characteristic of this form of pay [scil, benefits provided for by private occupational pension schemes] that there is … Continue reading Ten Oever v Stichting Bedrijfspensioenfonds voor het Glazenwassers- en Schoonmaakbedrijf (Judgment): ECJ 6 Oct 1993

O’Brien v Ministry of Justice: ECJ 17 Nov 2011

ECJ (Opnion) Directive 97/81/EC – Framework Agreement on part-time work – Notion of part-time workers who have an employment contract or employment relationship – Part-time judgesKokott AG said: ‘In this connection, I would also point out that it is difficult to determine how the rights granted by the Framework Agreement in general, and an entitlement … Continue reading O’Brien v Ministry of Justice: ECJ 17 Nov 2011

O’Brien v Ministry of Justice: SC 12 Jul 2017

The claimant challenged e pension arrangements made for part time judges. Held: ‘The majority of the court are inclined to think that the effect of Directive 97/81 is that it is unlawful to discriminate against part-time workers when a retirement pension falls due for payment. The directive applies ratione temporis where the pension falls due … Continue reading O’Brien v Ministry of Justice: SC 12 Jul 2017

The Ministry of Justice v O’Brien: EAT 4 Mar 2014

EAT PART TIME WORKERS The calculation of the amount of pension to which a retired part-time judge is entitled under the Part-time Workers Directive and the consequential domestic regulations should, as a matter of law, take into account only his period of service since the Directive had to be brought into force, 7th April 2000, … Continue reading The Ministry of Justice v O’Brien: EAT 4 Mar 2014

O’Brien v Ministry of Justice and Others: CA 6 Oct 2015

The claimants each sought additional pensions, saying that discrimination laws which had come into effect (for part time workers and for sexual orientation) should be applied retrospectively. Held: The decision was upheld. The ‘no retroactivity’ principle of EU law was ‘that EU legislation does not have retroactive effect unless, exceptionally, it is clear from its … Continue reading O’Brien v Ministry of Justice and Others: CA 6 Oct 2015

Walker v Innospec Ltd and Others: SC 12 Jul 2017

The claimant appealed against refusal of his employer’s pension scheme trustees to include as a recipient of any death benefit his male civil partner. Held: The appeal succeeded. The salary paid to Mr Walker throughout his working life was precisely the same as that which would have been paid to a heterosexual man. There was … Continue reading Walker v Innospec Ltd and Others: SC 12 Jul 2017

Barclays Bank Plc v Kapur and others: EAT 3 Dec 1992

Judges: The Honourable Mr Justice Tucker Citations: [1992] UKEAT 248 – 92 – 0312, [1991] ICR 208, [1991] 2 AC 355 Links: Bailii Jurisdiction: England and Wales Cited by: Appeal from – Barclays Bank Plc v Kapur and Others CA 15-Aug-1994 Whether there has been discrimination is independent and irrespective of the discriminator’s motives. . … Continue reading Barclays Bank Plc v Kapur and others: EAT 3 Dec 1992

O’Brien v Ministry of Justice: ECJ 7 Nov 2018

Reference for a preliminary ruling – Social policy – Directive 97/81/EC – Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC – Clause 4 – Principle of non-discrimination – Part-time workers – Retirement pension – Calculation of the amount of the pension – Account taken of years of service completed before expiry … Continue reading O’Brien v Ministry of Justice: ECJ 7 Nov 2018

Ministry Of Justice v O’Brien and Others: CA 9 Nov 2015

Judges: Master of the Rolls Lord Justice Lewison Lord Justice Underhill Citations: [2019] WLR(D) 682, [2015] EWCA Civ 1368 Links: WLRD, Bailii Jurisdiction: England and Wales Citing: At EAT – The Ministry of Justice v O’Brien EAT 4-Mar-2014 EAT PART TIME WORKERS The calculation of the amount of pension to which a retired part-time judge … Continue reading Ministry Of Justice v O’Brien and Others: CA 9 Nov 2015

Lodwick v London Borough of Southwark: EAT 7 Mar 2003

The applicant was employed by the respondent and sought leave to work for the CAB for a year, requesting a sabbatical. Leave was refused. He applied to the employment tribunal, but objected that the chairman had, in a previous case, indicated his strong dislike of the applicant. The chairman refused to recuse himself. Held: The … Continue reading Lodwick v London Borough of Southwark: EAT 7 Mar 2003

Magorrian and Cunningham v Eastern Health and Social Services Board and Department of Health and Social Services: ECJ 11 Dec 1997

Pension entitlements for part time workers discriminated against were to be re-calculated to allow for wrongful treatment since 1976 Europa Reference for a preliminary ruling: Office of the Industrial Tribunal and the Fair Employment Tribunal, Belfast – United Kingdom. Equal pay for men and women – Article 119 of the EC Treaty – Protocol No … Continue reading Magorrian and Cunningham v Eastern Health and Social Services Board and Department of Health and Social Services: ECJ 11 Dec 1997

Preston and others v Wolverhampton Healthcare Trust Secretary of State for Health: CA 13 Feb 1997

Citations: [1997] EWCA Civ 1013 Jurisdiction: England and Wales Citing: See Also – Fletcher and others and Preston and others v Midland Bank Plc and Wolverhampton Healthcare NHS Trust Secretary of State for Health and others EAT 24-Jun-1996 EAT Equal Pay Act – Addendum to principal judgment. Part timers’ claims for membership of pension schemes … Continue reading Preston and others v Wolverhampton Healthcare Trust Secretary of State for Health: CA 13 Feb 1997

Preston and Others v Wolverhampton Healthcare NHS and Others; Fletcher and Others v Midland Bank Plc: HL 26 Feb 1998

‘Employment’ in context of a sex discrimination claim referred to a current employment contract even in context of there having been a series of repeated contracts of employment. The question was referred to the European Court of Justice. Judges: Lord Slynn of Hadley, Lord Goff of Chieveley Lord Nolan Lord Hope of Craighead Lord Clyde … Continue reading Preston and Others v Wolverhampton Healthcare NHS and Others; Fletcher and Others v Midland Bank Plc: HL 26 Feb 1998

Preston and others v Wolverhampton Healthcare NHS Trust and Others (No 3): CA 7 Oct 2004

The claimants had had their employments transferred to another body under TUPE. They complained that their pension rights had been discriminatory. The employer appealed a finding that their claim had not been out of time. Held: The effect of the Regulations was to transfer all employment rights unchanged save only the pension obligations. The pension … Continue reading Preston and others v Wolverhampton Healthcare NHS Trust and Others (No 3): CA 7 Oct 2004

White v HC-One Oval Ltd: EAT 7 Apr 2022

(Practice and Procedure – Striking Out – No Reasonable Prospect of Success) The Employment Tribunal had struck out the claimant’s claim of unfair dismissal, as having no reasonable prospect of success, in circumstances in which she had requested redundancy. The claimant appealed. Held: allowing the appeal The claimant’s case was that the respondent had manufactured … Continue reading White v HC-One Oval Ltd: EAT 7 Apr 2022

Roddis v Sheffield Hallam University: EAT 26 Mar 2018

PART TIME WORKERS A worker employed under an associate lecturer’s contract of employment described by the Employment Tribunal as a zero-hours contract, was employed under the same type of contract as a lecturer on a full-time contract for the purposes of Regulation 2(2) and 2(4)(a)(i) Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000. The … Continue reading Roddis v Sheffield Hallam University: EAT 26 Mar 2018

O’Brien v Ministry of Justice: SC 6 Feb 2013

The appellant, a part time recorder challenged his exclusion from pension arrangements. Held: The appeal was allowed. No objective justification has been shown for departing from the basic principle of remunerating part-timers pro rata temporis. ‘The reality is that recorders are expected to observe the terms and conditions of their appointment, and that they may … Continue reading O’Brien v Ministry of Justice: SC 6 Feb 2013

Dowokpor v Ministry of Justice: EAT 23 Mar 2018

JURISDICTIONAL POINTS – Extension of time: just and equitable The Claimant was a part-time fee-paid judicial office holder who claimed a pension following the litigation in O’Brien v Ministry of Justice. His claim was presented more than five years out of time. In deciding whether it is just and equitable to extend time for bringing … Continue reading Dowokpor v Ministry of Justice: EAT 23 Mar 2018

Department for Business Enterprise and Regulatory Reform (Decision Notice): ICO 8 Jan 2008

The complainant made a request to the former Department of Trade and Industry (DTI) for release of the information which led to the inclusion of Regulation 17 in the Part-Time Workers Regulations 2000. DTI refused to release the information relying upon the exemptions in sections 35 and 42 of the Act. DTI also sought to … Continue reading Department for Business Enterprise and Regulatory Reform (Decision Notice): ICO 8 Jan 2008

Powerhouse Retail Ltd and others v Burroughs and others; Preston and others v Wolverhampton Healthcare NHS Trust and others (No 3): HL 8 Mar 2006

The appellants said they had been had been discriminated against on the grounds of their sex by the TUPE Regulations. Their discrimination cases had been dismissed as out of time. Held: The employees’ appeals were dismissed: ‘A statute cannot speak with two different voices at one and the same time. The rule that section 2(4) … Continue reading Powerhouse Retail Ltd and others v Burroughs and others; Preston and others v Wolverhampton Healthcare NHS Trust and others (No 3): HL 8 Mar 2006

Bainbridge and others v Redcar and Cleveland Borough Council: EAT 23 Mar 2007

EAT Practice and Procedure – CompromiseEqual Pay Act – Work rated equivalent; Damages/Compensation This case raises three issues, two of which are of particular significance in the field of equal pay.Do employees whose jobs are rated as equivalent under a job evaluation scheme have the right to seek compensation going back up to six years … Continue reading Bainbridge and others v Redcar and Cleveland Borough Council: EAT 23 Mar 2007

Engel v Ministry of Justice and Department for Communities and Local Government: EAT 26 May 2016

EAT (Part Time Workers) PRACTICE AND PROCEDURE – Parties – PRACTICE AND PROCEDURE – Costs Whether a non-lead Claimant ought not to be bound by an earlier Employment Tribunal decision; see ET Rule 36(3). True construction of Regulation 5(2)(a) of the Part-Time Workers Regulations 2000, allowed to proceed to a Full Hearing of the appeals … Continue reading Engel v Ministry of Justice and Department for Communities and Local Government: EAT 26 May 2016

Rajaratnan v Care UK Clinical Services Ltd: EAT 2 Jul 2015

EAT Sex Discrimination: Indirect PART TIME WORKERS – PRACTICE AND PROCEDURE – Costs Indirect Sex Discrimination – Equality Act 2010 section 19 On the indirect sex discrimination claim it was agreed that the Employment Tribunal (‘the ET’) erred in the identification of the pool for comparison. To that extent the appeal would be allowed. Applying … Continue reading Rajaratnan v Care UK Clinical Services Ltd: EAT 2 Jul 2015

Cachaldora Fernandez v Instituto Nacional de la Seguridad Social: ECJ 14 Apr 2015

ECJ Grand Chamber – Judgment – Reference for a preliminary ruling – Male and female workers – Equal treatment in matters of social security – Directive 79/7/EEC – Article 4 – Directive 97/81/EC – UNICE, CEEP and ETUC Framework Agreement on part-time work – Calculation of benefit – System for inclusion of contribution gaps – … Continue reading Cachaldora Fernandez v Instituto Nacional de la Seguridad Social: ECJ 14 Apr 2015

J P Jenkins v Kingsgate (Clothing Productions) Ltd: ECJ 31 Mar 1981

ECJ The fact that work paid at time rates is remunerated at an hourly rate which varies according to the number of hours worked per week does not offend against the principle of equal pay laid down in article 119 of the Treaty in so far as the difference in pay between part-time work and … Continue reading J P Jenkins v Kingsgate (Clothing Productions) Ltd: ECJ 31 Mar 1981

A-Sterreichischer Gewerkschaftsbund v Verband A-Sterreichischer Banken Und Bankiers: ECJ 13 Feb 2014

ECJ Opinion – Framework Agreement on part-time work – Principle of non-discrimination – Collective agreement providing for a dependent child allowance – Allowance paid pro-rata to part-time workers Sharpston AG C-476/12, [2014] EUECJ C-476/12, [2014] EUECJ C-476/12 – J Bailii, Bailii European Updated: 01 December 2021; Ref: scu.521844

O’Brien v Ministry of Justice: SC 28 Jul 2010

The appellant had worked as a part time judge. He now said that he should be entitled to a judicial pension on retirement by means of the Framework Directive. The Regulations disapplied the provisions protecting part time workers for judicial office holders paid on a daily fee-paid basis. Held: The matter required to be referred … Continue reading O’Brien v Ministry of Justice: SC 28 Jul 2010

Birmingham City Council v Abdulla and Others: SC 24 Oct 2012

Former employees wished to argue that they had been discriminated against whilst employed by the Council. Being out of time for Employment Tribunal Proceedings, they sought to bring their cases in the ordinary courts. The Council now appealed against the refusal to strike out the claims on the basis that they could more conveniently have … Continue reading Birmingham City Council v Abdulla and Others: SC 24 Oct 2012

O’Brien v Department for Constitutional Affairs: CA 19 Dec 2008

The claimant was a part time recorder. He claimed to be entitled to a judicial pension. Held: The Employment Appeal Tribunal was wrong to find an error of law in the decision of the Employment Tribunal to extend time; but the court declined to remit the case to the Employment Tribunal for a substantive hearing … Continue reading O’Brien v Department for Constitutional Affairs: CA 19 Dec 2008

Moultrie and Others v The Ministry of Justice: EAT 16 Jan 2015

moultrie_MOJEAT201501 EAT Part Time Workers – The Appellants are fee-paid medical members of Tribunals. They were not given access to a pension scheme in respect of their service whereas salaried or full-time regional medical members were. The Appellants contended that the work of the typical fee-paid medical member was the same as or broadly similar … Continue reading Moultrie and Others v The Ministry of Justice: EAT 16 Jan 2015

McGrath v Ministry of Justice: EAT 27 Feb 2015

mcgrath_MOJEAT201502 EAT Practice and Procedure : Bias, Misconduct and Procedural Irregularity – Part Time Workers Part-Time Worker discrimination claim. The Claimant, an Employment Tribunal lay member, sought to compare himself to a full-time salaried Employment Judge. That comparator was rejected by an Employment Judge sitting alone and the claim dismissed. On appeal by the Claimant, … Continue reading McGrath v Ministry of Justice: EAT 27 Feb 2015

Schonheit v Stadt Frankfurt am Main; Becker v Land Hessen: ECJ 23 Oct 2003

ECJ Social policy – Equal pay for men and women – Applicability of Article 119 of the EC Treaty (Articles 117 to 120 of the EC Treaty have been replaced by Articles 136 EC to 143 EC) and Article 141(1) and (2) EC and of Directive 86/378/EEC or Directive 79/7/EEC – Meaning of pay – … Continue reading Schonheit v Stadt Frankfurt am Main; Becker v Land Hessen: ECJ 23 Oct 2003

Brown and Another (T/A Gamekeeper Inn) v Revenue and Customs: FTTTx 9 Apr 2013

FTTTx Income Tax – Claimed under-payment of Income Tax under the PAYE Regulations – payments to part-time bar workers (generally students) – Penalties under section 98A(2)(a) Taxes Management Act 1970 for failing to deliver returns for PAYE purposes – whether there was neglect, enabling HMRC to make assessments for earlier years – Appeal allowed in … Continue reading Brown and Another (T/A Gamekeeper Inn) v Revenue and Customs: FTTTx 9 Apr 2013

London Borough of Hammersmith and Fulham v Jesuthasan: CA 26 Feb 1998

A male part time worker in the public sector was entitled to the same protection as a female part time worker, and could amend his pleadings accordingly to allow for a decision reflecting a new understanding of EU Law. Citations: Times 05-Mar-1998, Gazette 18-Mar-1998, Gazette 16-Apr-1998, [1998] EWCA Civ 356 Statutes: Employment Protection (Part-Time Employees) … Continue reading London Borough of Hammersmith and Fulham v Jesuthasan: CA 26 Feb 1998

Erny v Daimler AG: ECJ 28 Jun 2012

ECJ Freedom of movement for workers – Article 45 TFEU – Regulation (EEC) No 1612/68 – Article 7(4) – Principle of non-discrimination – Top-up amount on wages paid to workers placed on a scheme of part-time work prior to retirement – Cross-border workers subject to income tax in the Member State of residence – Notional … Continue reading Erny v Daimler AG: ECJ 28 Jun 2012

Felix Palacios de la Villa v Cortefiel Servicios SA: ECJ 16 Oct 2007

ECJ (Grand Chamber) Spain had legislated for compulsory retirement when it wanted to encourage recruitment; then abolished it when economic circumstances improved and it wanted to encourage people to stay in work; and then reintroduced it by allowing collective agreements to prescribe retirement ages, provided that the worker had qualified for a retirement pension. Held: … Continue reading Felix Palacios de la Villa v Cortefiel Servicios SA: ECJ 16 Oct 2007

Komeng v Sandwell Metropolitan Borough Council: EAT 23 May 2011

EAT RACE DISCRIMINATION – DirectPART TIME WORKERSDiscrimination on grounds of race and/or part-time status – whether Tribunal addressed the Claimant’s case and gave adequate reasons in respect of an alleged failure to afford the Claimant training, including in particular attendance at an NVQ course.Held: On this issue the Tribunal did not address a significant part … Continue reading Komeng v Sandwell Metropolitan Borough Council: EAT 23 May 2011

Stadt Lengerich and others v Helmig and others (Judgment): ECJ 15 Dec 1994

ECJ The Court of Justice is in principle bound to give a preliminary ruling if the questions raised by the national court or tribunal, which is best placed to appreciate, in the light of the circumstances of the case, the necessity of obtaining a preliminary ruling, have to do with the interpretation of a provision … Continue reading Stadt Lengerich and others v Helmig and others (Judgment): ECJ 15 Dec 1994

Barry v Midland Bank Plc: HL 22 Jul 1999

The defendant implemented a voluntary retirement scheme under which benefits were calculated according to the period of service of the employee. The plaintiff claimed that the scheme discriminated against workers who had taken career breaks, and therefore against women. Held: A severance pay scheme, which calculated the amount payable according to length of service and … Continue reading Barry v Midland Bank Plc: HL 22 Jul 1999

Maria Kowalska v Freie und Hansestadt Hamburg: ECJ 27 Jun 1990

Europa Compensation paid to a worker on termination of the employment relationship is a form of deferred pay to which the worker is entitled by reason of his employment but which is paid to him on termination of the employment relationship with a view to enabling him to adjust to the new circumstances arising from … Continue reading Maria Kowalska v Freie und Hansestadt Hamburg: ECJ 27 Jun 1990

Barclays Bank Plc v Various Claimants: SC 1 Apr 2020

The Bank had employed a doctor to provide medical assessments as necessary. The doctor had used the opportunities presented to assault sexually many patients. The court was now asked whether the Bank was vicariously liable for the acts of this independent contractor. Held: The appeal was allowed. The Doctor was not employed by the bank … Continue reading Barclays Bank Plc v Various Claimants: SC 1 Apr 2020

Securicor Omega Express Ltd v GMB (A Trade Union): EAT 7 Apr 2003

EAT The company decided to close two branches and make redundancies. They presented the closure itself as a fait accompli to the union representatives. The Tribunal found that this involved a failure to consult about ways of avoiding redundancies because the decision to close had been determined prior to any meeting with the union. Held: … Continue reading Securicor Omega Express Ltd v GMB (A Trade Union): EAT 7 Apr 2003

Adeneler and Others v Ellinikos Organismos Galaktos: ECJ 4 Jul 2006

A Directive was belatedly transposed into national law and after the date by which it ought to have been implemented. The question arose whether the obligation to interpret national law in accordance with the Directive existed from the date the Directive was published, or the date by which it had to be transposed into national … Continue reading Adeneler and Others v Ellinikos Organismos Galaktos: ECJ 4 Jul 2006

Larcher v Deutsche Rentenversicherung Bayern Sud: ECJ 18 Dec 2014

ECJ (Judgment) Reference for a preliminary ruling – Social security for migrant workers – Article 45 TFEU – Article 3(1) of Regulation (EEC) No 1408/71 – Old-age benefits – Principle of non-discrimination – Worker who, prior to retirement, has participated, in a Member State, in a part-time work scheme for older employees – Consideration for … Continue reading Larcher v Deutsche Rentenversicherung Bayern Sud: ECJ 18 Dec 2014