In terms of the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 it had to be shown that the action complained of was the ‘effective cause’ rather than the higher bar of the ‘sole cause’.

The claimant was a part-time private hire driver employed by the respondent. The factual issue centred upon a flat rate of £148 per week to access the respondent’s database to obtain private hire bookings.

The issue was in relation to Regulation 5 of the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 which gave the right not to be treated less favourably compared to full-time workers.  However, Regulation 5(2)(a) stated the right only applied if the treatment was ‘on the ground