London Underground wins part-time worker case

The Employment Appeal Tribunal (EAT) recently upheld the Employment Tribunal's decision in the case of Mr J Mireku v London Underground Limited, dismissing Mr Mireku's claims regarding less favourable treatment as a part-time worker. Employed as a Customer Service Supervisor, Mr Mireku argued that his requests for overtime were denied due to his part-time status. In a ruling delivered by Deputy Judge Marcus Pilgerstorfer KC, the EAT concluded that while some cancellations of overtime requests were indeed less favourable, they were not directly linked to his employment status.

The original tribunal ruling highlighted the importance of context in evaluating Mr Mireku's claims. The EAT affirmed that adverse treatment must be causally linked to part-time status as the "sole ground" for the treatment. This point was underscored in reference to the case Augustine v Data Cars Limited, which set a high benchmark for proving claims under the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000. Mr Mireku's legal representative, Lucas Nacif, argued that part-time status should be considered as one of several contributing factors; however, the EAT found it crucial to adhere to the standards set by Augustine to ensure consistent outcomes in similar future cases.

Furthermore, the Tribunal examined the specific circumstances surrounding the employment dynamics at London Underground. It found that considerable confusion about overtime authorisation processes played a significant role in the cancellations. Notably, Mr Mireku's lack of direct budget management under his Area Manager significantly contributed to the issues, and the Tribunal determined that these complications were not influenced by his part-time employment status.

For Mr Mireku's claims to hold merit, he needed to demonstrate that he had been unfairly treated compared to a full-time worker under similar conditions. However, the Tribunal established that the suggested comparators were not sufficiently similar because they were located in different areas of management, reaffirming the necessity for solid comparators in claims of inequality.

The EAT's upholding of the Employment Tribunal's decision marks an important development in employment law, particularly regarding part-time worker rights. It illustrates the stringent legal framework that must be navigated by part-time employees seeking redress for claims of discrimination. The dismissal of Mr Mireku's appeal serves as a reminder of the complexities involved in such cases and sets a precedent for future legal interpretations concerning part-time workers competing for equitable treatment in the workplace.

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