Zero-hours, part-time lecturer employed on the same type of contract as permanent, full-time lecturer
The Claimant, Mr Roddis, was employed by Sheffield Hallam University on a zero-hours contract as a part-time associate lecturer. He brought a claim under the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000, comparing himself to a permanent full-time lecturer.
At a preliminary hearing, an employment tribunal struck out the claim finding that Mr Roddis was not “employed under the same type of contract” as his colleague. Mr Roddis appealed
The EAT upheld Mr Roddis’ appeal, concluding that the Claimant and his colleague, Mr Leader, were both employed under the same type of contract. In determining whether a comparator is working under the same type of contract, the EAT referred to Regulation 2(3) which confirmed that a worker and comparator answer to the same description if “employed by the same employer under the same type of contract”.
The two contracts of employment did have their differences. Mr Roddis’ zero-hours contract was defined by the offers of work and whether he accepted them, whereas, Mr Leader’s contract required him to work an agreed number of hours reasonably necessary to fulfill his duties. However, workers are not engaged on different types of contract under the Regulations just because their terms and conditions are different.
The case was remitted back to the ET to determine whether the lecturers were “engaged in the same or broadly similar work” and if this is the case, whether Mr Roddis was subjected to less favourable treatment.