In Augustine v Data Cars Limited, the claimant was a part-time private hire driver. All drivers were charged a fixed weekly "circuit fee" to access the respondent's booking system, regardless of whether they worked full or part-time.
The claimant argued that this amounted to less favourable treatment contrary to the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (Regulations) because there was less favourable treatment than if the fee had been applied on a pro-rata basis.
The Tribunal dismissed the claim, finding that whilst there was less favourable treatment, the claimant's part-time status was not the "sole ground" for the treatment. It found that the reason for charging the circuit fee was that this was standard practice in the industry, rather than because the claimant worked fewer hours.
Both the Employment Appeal Tribunal (EAT) and the majority of the Court of Appeal agreed that the tribunal had erred in applying a sole ground test but considered themselves bound by an earlier Scottish decision which required that approach. The Court of Appeal granted permission to appeal to the Supreme Court.
The Supreme Court unanimously allowed the appeal. It held that the correct test is whether a worker's part-time status was an "effective cause" of the less favourable treatment. It does not need to be the sole cause.
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