Sheffield Hallam University

Case Summary

This case involves a claim by the claimant under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000, related to two clauses in his contract which he alleged were less favourable to him as a part-time worker compared to full-time workers.

• •less favourable treatment of part-time worker

Case No: 1805371/2019 11.12 Judgment on reconsideration – no hearing - rules 70 and 73 EMPLOYMENT TRIBUNALS Claimant: Mr A Gillott Respondent: Sheffield Hallam University UPON APPLICATION made by letter dated 25 March 2020 to reconsider the judgment dated 19 March 2020 under rule 71 of the Employment Tribunals Rules of Procedure 2013, and without a hearing, JUDGMENT I am not prepared to reconsider my refusal of an application to amend the claim REASONS 1.At the preliminary hearing of this matter it appeared to me that the claimant wished to include a claim which was not originally in the claim form. 2. That claim was a claim under Reg 5(1)(a) of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (the Regulations). It was a complaint about two clauses of the claimant’s contract which he contended were less favourable to him than the equivalent clauses for Full-time workers. The details are set out in the reasons I gave for refusing the application. 3.There was no doubt that that if the claimant wanted to pursue a complaint about that issue he would require permission to amend the claim. The details of the clauses do not appear in the claim form and no fair-minded reader of the claim form could have concluded that the claim form encompassed a complaint about the terms of the claimant’s contract. The complaint is about less favourable treatment by way of being to subjected to detriments (detailed in my Case Management Order) and although not so labelled, clearly being brought under the second limb of Reg 5(1) of the Regulations. 4. I proceeded with the hearing on that basis and sought the information I would need to deal with such an application. Having done so I gave my decision with reasons and later supplied my reasons in writing. Case No: 1805371/2019 11.12 Judgment on reconsideration – no hearing - rules 70 and 73 5. This application stands no re…