Alan Gibson v The Scottish Ambulance Service, EAT
16 December 2004
Mr Gibson, a part-time worker based at Lairg, complained that the number of standby hours he was required to keep was not proportionate to those of a full-time worker. His comparator was a full-time employee based at Wick.
It was not disputed that the higher proportion of standby hours required of Gibson constituted a detriment under the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000, but the tribunal had to consider the grounds for the treatment.
If the tribunal adopted the “but for” test it would have found that Gibson had been discriminated against. But it preferred the subjective approach and said that the proper question was: “Is the requirement for Gibson to work a higher ratio of standby to rostered hours than his full-time comparator by reason that he is a part-time worker?”
The EAT accepted evidence that the way the service was provided was based on demand and held that the sole reason for the less favourable treatment was not his part-time status.