The full text judgment in this case is available on the EAT website.
Representation:
Mr Brian Langstaff QC and Mr Martin Seaward instructed by Messrs Thompsons, Solicitors, Congress House, Great Russell Street, London WC1B 3LW for Mr Matthews
John Bowers QC and Mr Nicholas Chronias instructed by Messrs Beachcroft Wansbroughs Solicitors, 100 Fetter Lane, London EC4A 1BN for Kent & Medway Towns Fire Authority and the Royal Berkshire Fire and Rescue Service
Mr Nicholas Paines QCand Mr Raymond Hill instructed by the Treasury Solicitor, Queen Anne's Chambers, 28 Broadway, London SW1H 9JS for the Secretary of State, Home Department.
CAUTION - 2006.
This note is retained for historical purpose only. The decision noted below was upheld by the Court of Appeal but was subsequently overruled by the House of Lords - see Matthews and ors v Kent and Medway Towns Fire Authority and ors HL 2006 ICR 365.
Authority for the propositions that:-
For purposes of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 SI 2000/1551 ("PTWR2000"), which make it unlawful to discriminate against part-time workers as such:
- in deciding whether part time and full time workers are employed under different types of contract both contractual terms and conditions and actual work activity must be taken into account;
- in deciding whether part-time workers have been subjected to less favourable treatment than their full time comparators a specific term by term analysis should be adopted rather than a broad-brush approach;
- in deciding whether less favourable treatment for part-time workers is objectively justified it is not open to an employer simply to argue that the arrangements as a whole are reasonable and justifiable and more or less fair and that that amounts to justification.
editor's note:-
In July 2004 this case went to the Court of Appeal - go to Matthews and ors v Kent and Medway Towns Fire Authority and ors CA 2004 . It then went on to the House of Lords. The part time firefighters then won in a decision handed down on 1st March 2006. The House of Lords overruled the original employment tribunal, the EAT and the Court of Appeal (see Matthews and ors v Kent and Medway Towns Fire Authority and ors HL 2006 on 1st March 2006).
For relevant general notes see Part-time workers/2000 regulations/notes .
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