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W J McMenemy v Capita Business Services Ltd

Where a part-time worker’s contract of employment provided that he was entitled to take public holidays only when they fell on a normal working day, his complaint that he had received less favourable treatment than comparable full-time workers was dismissed, as the reason that he did not receive the Monday public holiday benefit was because he did not work on a Monday, not because he was a part-time worker.

26 May 2006

The appellant part-time worker (M) appealed against a decision of an employment tribunal dismissing his claim that he had been treated less favourably than comparable full-time workers. M had opted to work three days per week, Wednesday to Friday. Both M’s and other full-time workers’ contracts provided that they were entitled to take public holidays only when they fell on a normal working day. He claimed that he had been treated less favourably by the respondent employer (C) than his full-time colleagues as he did not get the benefit of public holidays that fell on Mondays. The tribunal found that M’s rights had not been breached as the relevant distinction was not between full-time and part-time workers but between those who worked on Mondays and those who did not; it was because M did not work on a Monday that he did not receive the Monday holiday benefit, not because he was a part-time worker. M argued that the tribunal had erred: (1) in comparing him to a hypothetical ful...

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