UK Supreme Court Widens Part-Time Worker Discrimination Test
The UK Supreme Court has ruled that part-time status need only be an "effective cause," not the "sole reason," for less favorable treatment, significantly lowering the bar for discrimination claims.
In 'Augustine v Data Cars Ltd,' the UK Supreme Court has held that claims under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 no longer require proof that an employee's part-time status was the "sole reason" for the detrimental treatment. Instead, a claimant need only show that their status was an "effective cause." The case involved a private hire driver challenging a flat weekly fee for a booking system, which was disproportionately costly for him compared to full-time drivers.
The ruling overturns prior case law that had set a higher causation standard, significantly widening the scope for potential discrimination claims. Sophisticated counsel and clients should care because this change exposes employers to new liability risks, particularly regarding company-wide policies that apply flat fees, charges, or benefits to all employees without regard to their hours. Such uniform treatment may now be viewed as discriminatory.
Employers in the UK should proactively review their policies to identify any instances where part-time workers may be disproportionately disadvantaged. The key action is to assess whether policies can be objectively justified or if certain costs and benefits should be pro-rated to mitigate risk.