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 to that of the regional medical members within the meaning of regulation 2(4)(a) (ii) of the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000.
Employment Judge Macmillan held that 85% of the work that the regional members did, that is sitting on appeals in a judicial capacity, was the same as the work done 100% of the time by fee-paid medical members and he considered that the work was of high importance. He therefore considered whether the differences between the work that the two groups did were so important that they should not be regarded as being engaged in broadly similar work. He concluded that the differences were of such importance as the role of regional medical members was qualitatively different from that of fee-paid medical members and brought a new dimension to the judicial structure taking elements from both fee-paid medical members’ work and work delegated to the regional medical member from the chief medical member and the chamber president.
The Employment Judge had correctly approached the task of deciding whether the work of the two groups was the same or broadly similar. He had approached the task in the way identified as appropriate by the House of Lords in Matthews and others v Kent and Medway Fire Authority and others [2006] ICR 365. He had considered the work that the regional medical members were engaged on. The conclusions he reached, on the facts as he found them, were ones that he was entitled to reach.
Lewis J
[2015] UKEAT 0239 – 14 – 1601
Bailii
Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000
England and Wales
Employment, Discrimination, Legal Professions
Updated: 01 November 2021; Ref: scu.541548
