Baxter v Titan Aviation Ltd: EAT 30 Aug 2011

EAT NATIONAL MINIMUM WAGE
PART TIME WORKERS
Appellant 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) under-payment in respect of ‘lay-over’ periods, being periods when he was required to stay in overnight accommodation following the conclusion of one job in order to be in a position to pick up for another job nearby – Claim under FTER dismissed at PHR on the basis that Appellant not an employee – At subsequent full hearing Tribunal dismisses remaining claims.

Judges:

Underhill P J

Citations:

[2011] UKEAT 0355 – 10 – 3008

Links:

Bailii

Statutes:

Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000, Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 2

Jurisdiction:

England and Wales

Employment

Updated: 19 September 2022; Ref: scu.443574