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 pension to a clerk if the clerk was ‘required to devote substantially the whole of his time to the duties of his office.’ The claimant was refused consideration of payment of a pension on the basis that he worked part-time and so did not fulfil the requirements of section 3(3).
Held: the purpose of the regulations is to eliminate discrimination against part time workers. The reason why the claimant was not considered for a pension was because he worked part time. The respondent failed to give effect to the regulations. Appeal allowed and remitted to the same Employment Tribunal for consideration of remedy.
Lady Stacey
[2015] UKEAT 0018 – 14 – 1003
Bailii
Part-Time workers (Prevention of Less Favourable Treatment) Regulations 2000
England and Wales
Employment, Discrimination
Updated: 30 December 2021; Ref: scu.546428