Augustine (appellant) v Data Cars Ltd (respondent)
Thursday 10 April 2025
The Claimant Appellant (C) appeals against the order made by the Employment Appeals Tribunal sealed on 27 July 2024 allowing C’s appeal in respect of ground 1 and partly in respect of ground 2 but otherwise dismissing ground 2.
The two questions before the EAT were (1) the correct approach to determining whether there has been less favourable treatment;
(2) the approach to causation: whether this must be established solely on the basis that the complainant was a part-time worker and the relevance of the employer’s intention.
The C succeeded on (1). He also succeeded in respect of (2) to the extent that the EAT held that the ET had erred in having regard to what it found to be R’s lack of intention to treat C less favourably because he was a part-time worker.
The C’s appeal was not upheld in respect of the other aspect of (2): whether causation had to be established solely on the basis that the complainant was a part-time worker.
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