Supreme Court Rules On Part-time Discrimination

Claims for discrimination based on part-time status do not have a stricter causation test than other discrimination claims, the Supreme Court has ruled. If working part time is an effective cause of less favourable treatment, that is enough for a claim to succeed.

In the long-running case of Augustine v Data Cars Limited, the Supreme Court had to resolve a conflict in the caselaw about part-time work discrimination. Previous rulings were divided on whether individuals needed to show that their part-time status was the sole cause of less favourable treatment (a high hurdle), or simply an effective cause (a much easier test). The Supreme Court adopted the easier, broader test, confirming that the causation threshold for part-time work discrimination is no higher than for other discrimination claims. The practical effect is to reduce the scope for employers to defeat claims on causation grounds, and to shift the focus firmly onto justification.