We've previously reported about the case of a part-time British Airways employee. Her salary amounted to 50% of a full-time salary. However, when her hours were calculated, it became clear that she was required to be available for work for 53.5% of a full-time role.
As a result of this calculation of hours, the employee brought a claim in the Employment Tribunal which held in her favour. The Tribunal found that she had been treated less favourably than a full-time worker.
British Airways appealed to the Employment Appeal Tribunal which also upheld her claim.
Undeterred, British Airways appealed to the Court of Appeal. The appeal was dismissed. As the employee had to be available for 53.5% of the time for only 50% of a full-time salary, this was less favourable treatment.
It is important for employers to review their contracts for part-time workers to ensure that they can properly justify any differences between the hours of a part-time worker and their full-time equivalent.
To discuss this or any other employment related matter, contact us.