Part-time workers

Case 11: The facts

This case was taken on behalf of around 12,000 "retained" firefighters working part time for the fire service. They argued that they should have the same terms and conditions as applied to full-time firefighters.

The ruling

The EAT rejected their claim. Even though retained firefighters and full-time firefighters are employed under contracts of employment, the EAT held that the law permitted different treatment "where it was reasonable" to do so. It also held that there were some differences in the way that retained and full-time firefighters worked, so that they were not engaged in "broadly similar work". This interpretation opens the door to all employers who want to pay their part-time workers less. It also means that minor differences in the way that work is carried out can be used to justify less favourable treatment.

* Matthews v Kent and Medway Towns Fire Authority EAT/0968/02