| In the recent case of Augustine v Date Cars Limited, the Claimant was a part-time taxi driver. He was required to pay a flat weekly circuit fee of £148 to the Respondent. The same fee was payable by all drivers, regardless of the number of hours they worked. The Claimant alleged part-time worker discrimination in relation to the flat fee.
The Court of Appeal held that there was no part-time worker discrimination in this case because, in light of the test set out by the Inner House of the Court of Session in another case called McMenemy v Capita Business Services, unfavourable treatment is only ‘on the ground’ of part-time worker status where being part-time is the sole reason for that treatment. It was not the sole reason for the application of the flat fee in this case. In reaching this conclusion, a majority of the Court made it clear that they felt that McMenemy had been wrongly decided. However, the Court was reluctant to diverge from a Scottish authority on this point given the relevant statutory provisions applied throughout Great Britain and there was a need for consistency of application. Acknowledging that the decision leaves the law on part-time worker discrimination in an “unsatisfactory state”, Bean LJ concluded that, if the Claimant wished to pursue an appeal to the Supreme Court, he should be granted leave to do so. |
