Discrimination - Part Time And Fixed Term Workers - Pensions In 30 Podcasts, Episode 23

Episode 23 of Pensions in 30 Podcasts focuses on two parts: fixed term employees and part-time workers. Here, we look at the key challenges and regulations for both groups of worker.

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PART ONE - DISCRIMINATION AND PART-TIME EMPLOYEES

Key points

A part-time worker must not be treated less favourably than a comparable full-time worker doing the same or largely the same job unless the less favourable treatment can be objectively justified. This extends to less favourable treatment in respect of the provision of pension benefits. A part-time worker can bring a claim for less favourable treatment under the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000. The other potential claim a part-time worker can bring in relation to pensions discrimination is a claim for indirect sex discrimination under the Equality Act 2010. Preston v Wolverhampton Healthcare NHS Trust clarified that men or women excluded from their employer's pension scheme on grounds of indirect sex discrimination are entitled to claim access to the pension scheme. 'Off-sets' (notional deductions equal to the basic state pension made from a worker's salary to calculate contributions and pension benefits) may be indirectly discriminatory but are capable of objective justification. Main sources

Equality Act 2010 Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (SI 2000/1551) Preston v Wolverhampton Healthcare NHS Trust [2001] UKHL 5 Uppingham School v Shillcock [2002] PLR 229 O'Brien v Ministry of Justice and Walker v Innospec & others [2015] EWCA Civ 1000 Part-Time Workers Regulations

The Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (the "2000 Regulations") provide that an employer may not treat a part-time worker less favourably than a comparable full-time worker (who is employed by the same employer under the same type of contract and is engaged in the same or broadly similar work) on the grounds of them working part-time. Any less favourable treatment is unlawful, unless it can be objectively justified.

This means that in circumstances where a part-time worker receives unjustified, less favourable pension benefits than their full-time comparator on the grounds of being a part-time worker, they may be able to bring a claim for unlawful discrimination in breach of the 2000 Regulations.

Sex discrimination

Where the significant proportion of a...