Part-time worker discrimination: when equal treatment isn’t fair

Treating everyone the same might sound like a generally safe HR approach, but a new Supreme Court decision is a useful reminder that sometimes applying the same rule to everyone can put part-time workers at a disadvantage.

In Augustine v Data Cars Ltd, Mr Augustine was a private hire driver who worked an average of 34.8 hours a week. Data Cars charged all drivers the same weekly fee of £148 to access its booking system, regardless of how many hours they worked. Mr Augustine compared himself with a full-time driver who worked more than 90 hours a week.

Both paid exactly the same fee. However, because Mr Augustine worked fewer hours, the fee cost him more for each hour he worked. This meant he took home proportionately less.

How the law protects part-time workers

The Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 protects part-time workers from being treated less favourably because they work part-time.

Previously, the courts had suggested that working part-time had to be the only reason for the less favourable treatment. The Supreme Court has now said that this is wrong. Part-time status does not have to be the only reason. It is enough if it is an important or effective reason for the treatment.

Importantly, employers can still defend a claim if they can objectively justify the treatment. Broadly, this means showing that there is a good business reason for it and that the approach taken is appropriate and necessary.

What does this mean for HR?

The key message from Augustine is that treating everyone in exactly the same way does not necessarily make a policy fair. Fixed fees, benefits or eligibility rules may still place part-time workers at a disadvantage because they work fewer hours.

When reviewing policies and benefits, employers should therefore ask whether an arrangement disadvantages part-time workers because of their part-time status and, if so, whether it can be objectively justified.

Here to help

Our Employment team can help employers review policies, benefits and working arrangements to identify and address potential disadvantages for part-time workers. If you would like advice on part-time worker rights or whether a particular approach can be objectively justified, please contact Richard Gvero, Senior Partner and Head of Employment.

Please note, the contents of this article are provided for information only and must not be relied upon.