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Equality North East

Part Time Workers' Discrimination

If a part-time worker works more than 50% of full-time hours, but is paid only 50% of full-time salary, is that less favourable treatment contrary to the Part-Time Workers Regulations 2000?

Yes, held the EAT in British Airways v Pinaud.

If statistical evidence is available, can this be disregarded?

No, the case being remitted on this second question.

Full-time crew worked a 6/3 pattern. Six days on, three days off, giving 243 available days and 122 days off each year. Part-timers worked a 14/14 pattern with ten available days required each fortnight. 50% of full-time availability (243) is 121.5 days. The part-timer had to be available for 130 days, 3.5% more. BA argued that the bidding system for work and bid choices created the anomaly but the EAT upheld that this was plainly less favourable treatment which could not be justified.

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December 6, 2017

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