The function of Employment Tribunals (ETs) is not only to ensure that wronged employees receive just compensation but to root out unfairness in the workplace for the benefit of all. An ET did just that in finding that, when it came to paid breaks, a part-time NHS phlebotomist was treated less favourably than his full-time colleagues (Campbell v Forth Valley Health Board).
The man, who was contracted to work 16 hours a week for an NHS health board, complained that full-time phlebotomists were permitted to take a paid 15-minute morning break whereas he was afforded no such privilege during his four-hour weekday shifts. He argued that that amounted to an infringement of his rights under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000.
The health board asserted that the absence of a paid break had nothing to do with his part-time status but simply reflected the fact that full-time phlebotomists worked longer shifts of six or eight hours. It pointed out that, when he worked six-hour shifts at weekends, he was permitted to take a paid break. His claim was said to fall at the first hurdle in that there was no full-time comparator who worked a four-hour shift.
Upholding his claim, however, an ET described the health board's core argument as circular and not well founded. Noting that part-time workers by definition work fewer hours than full-time comparators, the ET observed that the trust's defence seemed to undermine the purpose of the Regulations: to ensure equal treatment of part-time workers.
The defining characteristic of those who were denied a paid break was not the length of the shifts they worked but their status as part-time workers. That status was the sole reason for the less favourable treatment complained of. On the basis that the man worked 15 minutes longer than he should have done in each shift over a period of almost two years, he was awarded £956 in compensation.
It is important to fully understand and recognise the rights of part-time workers. Contact us for expert legal advice on this matter. Emma-Louise Hewitt e.hewitt@sydneymitchell.co.uk 0808 166 8860.
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