Labour & European Law Review
17 February 2016
Following a consultation on publishing information about the gender pay gap (weekly LELR 429), the government has issued draft regulations. These require large employers to publicize what they pay male and female employees on average.
The law says that part-time workers cannot be treated less favourably than comparable full-timers who are employed by the same employer on the same type of contract. In The Advocate General for Scotland v Barton, the Court of Session held that a part time worker cannot compare themselves to another part-time worker even if that person has been assessed as a full timer for other purposes.
In a claim of unlawful discrimination, a claimant has to establish a prima facie case of discrimination before the burden of proof shifts onto the employer to show that they have not discriminated against them. In Pnaiser v NHS England and Coventry City Council, the Employment Appeal Tribunal (EAT) held that the claimant did not have to prove that the only inference from a negative reference was a discriminatory one before the burden of proof could shift.