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 in the light of the Directive looked at purposively.
Lord Nicholls of Birkenhead, Lord Hope of Craighead, Baroness Hale of Richmond, Lord Carswell, Lord Mance
[2006] UKHL 8, [2006] ICR 365, [2006] 2 All ER 171, [2006] IRLR 367
Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (SI 2000/1551) 2(3), Council Directive 97/81/EC, Employment Relations Act 1999 19
England and Wales
CitedAngestelltenbetriebsrat Der Wiener Gebietskrankenkasse v Wiener Gebietskrankenkasse ECJ 20-May-1999
Where two groups worked doing similar work, but one had superior qualifications, those qualifications could justify a pay differential. They were not to be treated as doing the same work. . .
CitedWippel 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 . .
At EAT (1)B R Matthews and others v Kent and Medway Town Fire Authority Royal Berkshire Fire and Rescue Service the Secretary of State for the Home Department EAT 29-Apr-2003
EAT Working Time Regulations . .
At EAT (2)Matthews and others v Kent and Medway Towns Fire Authority and others EAT 7-Aug-2003
. .
CitedEdwards (Inspector of Taxes) v Bairstow HL 25-Jul-1955
The House was asked whether a particular transaction was ‘an adventure in the nature of trade’.
Held: Although the House accepted that this was ‘an inference of fact’, on the primary facts as found by the Commissioners ‘the true and only . .
CitedYeboah v Crofton CA 31-May-2002
The industrial tribunal had made a finding of direct race discrimination. The Employment Appeal Tribunal found the decision perverse, and ordered a rehearing. The applicant appealed that order.
Held: The EAT must be careful not to take . .
Appeal fromMatthews 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 . .

Cited by:
CitedO’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 . .

These lists may be incomplete.
Updated: 28 January 2021; Ref: scu.238773