Part Time Workers

A part-time worker who works more than 50% of full-time hours, but is paid only 50% of full-time salary, is treated less favourably treatment contrary to the Part-Time Workers Regulations 2000. This was confirmed by the EAT in British Airways v Pinaud.

 

Full-time crew worked a 6/3 pattern. Six days on, three days off, giving 243 available days and 122 days off each year. Part-timers worked a 14/14 pattern with ten available days required each fortnight. 50% of full-time availability (243) is 121.5 days. The part-timer had to be available for 130 days, 3.5% more. BA argued that the bidding system for work and bid choices created the anomaly.

 

The EAT upheld that this was plainly less favourable treatment which could not be justified and ordered a new tribunal to consider the actual impact.

 

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