The Court of Appeal has found that British Airways treated a part-time worker less favourably by paying 50 per cent of full pay for being on duty 53.5 per cent of full-time hours.
In British Airways v Pinaud, it was found that Mrs Pinaud worked a part-time contract of 14 days on and 14 days off. She had to be available for 130 work days each year. A comparable full-time worker was required to be on duty for six days and off for three – amounting to 243 days. As such, Pinaud worked 53.5 per cent of the days of a full-time worker, but only received 50 per cent pay. British Airways (BA) argued that she had actually worked fewer days than her comparator.
Writing in Daniel Barnett’s employment law bulletin David Leslie, Partner at Lyons Davidson, said: “The tribunal found less favourable treatment of a part-time worker due to the need to be available for work. It held the treatment was not justified as BA could have increased pay to 53.5 per cent of the full-time worker.”
The employment appeal tribunal had allowed BA to appeal on justification. It found that statistical analysis of the impact of being available needed to be considered before deciding whether an increase in pay would have been out of proportion. In the meantime, BA appealed the finding of less favourable treatment to the Court of Appeal.
“The Court of Appeal rejected BA’s appeal, holding that a requirement to be available for 53.5 per cent of the number of days in return for 50 per cent of the pay was prima facie less favourable treatment of a part-time worker,” said Leslie. “The case has now been remitted to the tribunal to consider the justification defence and, if that is rejected, remedy.”
The outcome of this case will determine 628 similar stayed cabin crew claims against BA.
