Workplace Report October 2007

Law - Contracts

Part-time workers

Case 8: The facts

Mr Hudson worked at a university under two half-time contracts – one as a technician on the non-academic scale, and the other as an IT officer on the academic scale. He argued before a tribunal that he was in reality doing one full-time job which incorporated both roles and was academic-related, but was paid less than someone doing an academic job full-time.

The issue for the EAT to consider was whether Hudson was entitled to bring a claim under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations, given his argument that he was employed on the equivalent of a full-time job.

The ruling

The EAT commented that this was a very unusual case but said it was arguable, so Hudson could bring his claim. It held that there is no reason in principle why someone employed on two part-time contracts cannot compare their treatment with a full-time worker doing both jobs together; they do not necessarily have to compare each part-time job with a full-time equivalent.

Hudson v University of Oxford [2007] EWCA Civ 336