Representation:

• once it is established that being part time is one of the reasons for a part timer worker being treated less favourably than a comparable full time worker that will suffice to trigger the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000, SI 2000/1551;

• the fact that not all part timers are treated adversely does not prevent those who are from bringing proceedings under the regulations if being part time is a reason for their adverse treatment.

editor's notes:

1. the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000, SI 2000/1551 give effect to the EC Part Time Work Directive 97/81/EC which states (art 4) that "...part time workers shall not be treated in a less favourable manner than comparable full time workers solely because they work part time unless different treatment is justified on objective grounds." The word "solely" is not in the relevant part of the 2000 Regulations.
   
2. The decision in this case was followed in Carl v University of Sheffield EAT 2009 ICR 1286.

For relevant general notes see Part-time workers/2000 regulations/note