Part-time workers

Case 8: The facts

An adult education service in financial difficulties decided to reallocate work according to lecturers’ contractual rights. As part-time lecturers were guaranteed only a third of their working hours from the previous year, their hours could be cut by two-thirds whereas those of full-time staff could not. The part-timers said this was less favourable treatment contrary to the Part Time Workers (Prevention of Less Favourable Treatment) Regulations. But a tribunal rejected their claim, on the basis that there had also been other reasons for the difference in treatment.

The ruling

The Employment Appeal Tribunal held that the employer was in breach of the regulations, which do not require workers’ part-time status to be the only cause of their detrimental treatment. An earlier ruling in Gibson v Scottish Ambulance Service EAT/0052/04 had been wrong to say that this was the case.