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 a different category of employee. It was notoriously difficult to categorise employment contracts. Nevertheless there was evidence to support the finding that the actual work undertaken by the two groups differed, with the full-timers having a significant set of additional skills and duties. Despite the error, the decision stood.
Citations:
[2004] EWCA Civ 844, Times 08-Jul-2004, [2005] ICR 84, [2004] 3 All ER 620, [2004] Pens LR 313, [2004] IRLR 697
Links:
Statutes:
Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000, Employment Relations Act 1999 19, Council Directive 97/81/EC
Jurisdiction:
England and Wales
Citing:
Cited – Montgomery v Johnson Underwood Ltd CA 9-Mar-2001
A worker who had strictly been employed by an agency but on a long term placement at a customer, claimed to have been unfairly dismissed by the customer when that placement ended.
Held: To see whether she was an employee the tribunal should . .
Cited – Dorothy Perkins Ltd v Dance 1977
The court considered the difficulties in categorising and comparing employments: ‘Having then identified the parties, having then acquainted themselves with the nature of the contractual employment, the next thing that has to be done is to look at . .
Cited – Regina v West Yorkshire Fire and Civil Defence Authority and ex parte Lockwood and McCalman Admn 4-May-1999
The court considered the nature of the employment duties of retained firefighters: ‘their [i.e. whole time firefighter’s] ‘principal duty’ or . . core obligation had been firefighting.’ . .
Cited – Yeboah 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 . .
Cited – British Telecommunications Plc v Sheridan CA 1990
The appellant employers challenged the decision of the EAT to reverse the tribunal’s finding that the claimant had been fairly dismissed.
Held: Even in cases where the Appeal Tribunal has ‘grave doubts’ about the decision of the Employment . .
Appeal from – Matthews and others v Kent and Medway Towns Fire Authority and others EAT 7-Aug-2003
. .
Cited by:
Appealed to – Matthews and others v Kent and Medway Towns Fire Authority and others EAT 7-Aug-2003
. .
Appeal from – 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 . .
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination
Updated: 31 October 2022; Ref: scu.198516
