British Airways v Pinaud (Part Time Workers) [2017]

Posted In: Case Law
  • Case Reference
    UKEAT 0291_16_0108
  • Legal Body
    Employment Appeals Tribunal (EAT)
  • Type of Claim / Jurisdiction
    Discrimination, Contracts of Employment, Working Time, Flexible Working
Issues covered: Part-Time Workers; Principle of Non-Discrimination; Less Favourable Treatment; Objective Justification

Clause 4, The Principle of Non-Discrimination, of the Framework Agreement on Part-Time work implemented by the Part-Time Workers Directive 97/81/EC and extended to the United Kingdom by Directive 98/23/EC states:

“In respect of employment conditions, part-time workers shall not be treated in a less favourable manner than comparable full-time workers solely because they work part time unless different treatment is justified on objective grounds”.

In this case British Airways sought to appeal a decision of the employment tribunal upholding a claim by Mrs Florence Pinaud that she had been treated less favourably than a full-time worker, contrary to the Part-Time Workers (Prevention of Less

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This article is correct at 21/09/2017

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