In the landmark case of Augustine v Data Cars, the Supreme Court held that discrimination arises where the worker’s part-time status is an effective cause, even if not the sole cause, of the less favourable treatment.
Regulation 5(2) of the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 protects a part-time worker from discrimination where treatment is on the ground that they are part-time and is not objectively justified.
Mr Augustine worked for Data Cars as a part-time private hire driver, averaging 34.8 hours a week. His chosen comparator worked full-time, averaging over 90 hours. Data Cars charged every driver the same fixed weekly fee for access to its booking system, whatever their hours, and so Mr Augustine paid more per hour to drive than his comparator. He claimed part-time worker discrimination.
The Supreme Court, allowing Mr Augustine’s appeal, held that a worker’s part-time status only has to be an effective cause of less favourable treatment; it need not be the sole cause. It concluded that regulation 5 does prohibit less favourable treatment where part-time status is the effective cause.
This ruling is a reminder that employers should carefully assess whether policies, charges or working arrangements place part-time workers at a disadvantage, even where the same rule applies to all staff. Please contact our Employment Team for further guidance on practical steps to help reduce the risk of part-time worker discrimination claims.