British Airways ‘treated part-time worker less favourably’

The Court of Appeal has ruled that British Airways treated a part-time employee unfavourably in comparison to full-time staff.

The case involved crew member Florence Pinaud, who claimed her contract required her to be available for proportionately 3.5% more days than a comparable colleague who worked full time.

She had to be available for work 130 days a year and was paid 50% of the comparator's salary. The terms of the comparator's contract required her to be available 243 days a year, yet half of 243 was only 121.5.

The Employment Tribunal found that Ms Pinaud had been treated less favourably on the ground that she was a part-time worker. It rejected the airline's defence that the less favourable treatment was justified.

The case went to the Court of Appeal, which held that the tribunal was right to say the terms of Ms Pinaud’s contract were less favourable than those of her full-time comparator.

However, it said the case should be sent back to the Employment Tribunal to reconsider the justification defence. If that defence was rejected, the tribunal should then consider the question of compensation and how the situation should be remedied.

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Case details

[2018] EWCA Civ 2427
CA (Civ Div) (Bean LJ, Flaux LJ, Peter Jackson LJ) 01/11/2018

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