Forth Valley Health Board v Campbell (PART TIME WORKERS) [2021] UKEAT/0003/21/2708

Judgment relating to an appeal against a decision which found that an employer had treated a part-time worker less favourably than a full-time worker.

The Claimant brought a claim under Regulation 5 of the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 for not receiving a paid break during certain shifts when working for the Respondent, on the basis that full-time workers did receive such breaks. The Tribunal found that the claim was established and the Claimant was awarded compensation. The Respondent appealed this decision.

The Employment Appeal Tribunal allowed the appeal and dismissed the claim. It was held that the Tribunal had erred in law by focusing on the Claimant’s part-time status as the reason for their being treated differently compared to full-time workers. It was an agreed fact that whether a paid break was given depended on the shift length in question, and the Tribunal made no finding that a causal link between part-time status and shift length existed.

Published: 06/09/2021 09:30

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