First West Yorkshire Ltd

Case Summary

This is a preliminary hearing to determine whether Adam Taylor and Theresa Claase are comparable full-time workers for the purposes of the claimant's part-time workers complaint under the 2000 Regulations. The claimant, a yellow school bus driver, sought to compare himself with stage carriage drivers employed by First West Yorkshire Limited. The tribunal found Adam Taylor to be a comparable full-time worker within the meaning of Regulation 2.

The tribunal determined that Adam Taylor satisfied the requirements of Regulation 2 as a comparable worker to the claimant, being employed under the same type of contract and engaged in the same or broadly similar work despite the different job categories (stage carriage driver versus yellow school bus driver).

• •Whether Adam Taylor and Theresa Claase are comparable full-time workers within the meaning of Regulation 2 of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000
• •Whether the claimant and comparators are employed under the same type of contract
• •Whether the claimant and comparators are engaged in the same or broadly similar work having regard to qualification, skills and experience

1 EMPLOYMENT TRIBUNALS Claimant: Howard Ainley Respondent: First West Yorkshire Limited Heard at: Leeds Employment Tribunal (in public; by CVP) On: 20 April 2026 Before: Employment Judge Elliott Appearances For the claimant: in person For the respondent: Victoria Kendrew, solicitor JUDGMENT Adam Taylor is a comparable full-time worker for the purposes of the claimant’s complaint, within the meaning of Regulation 2 of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000. REASONS JUDGMENT having been given to the parties orally in the hearing on 20 April 2026 and written reasons having been requested in accordance with Rule 60(4) of the Employment Tribunals Rules of Procedure 2024, the following reasons are provided. A. Claims and issues 1. Today’s public preliminary hearing was listed by EJ Ayre at a case management preliminary hearing on 24 October 2025. The purpose of today’s hearing was for the Tribunal to determine a preliminary issue and make directions to progress the case to final hearing. 2. The preliminary issue was as follows: Are Adam Taylor, Kelly Williams and Theresa Claase comparable full-time workers within the meaning of Regulation 2 of the Part-time Workers (Prevention of Less Favourable Treatment) 2 Regulations 2000? During the hearing the claimant withdrew Ms Williams as a proposed comparator, acknowledging that she works part-time not full-time. 3. There are essentially four questions for determination set out in Reg 2. Of these, it was agreed that only two were in dispute, as the respondent accepts that Mr Taylor and Ms Claase are engaged by the same employer as the claimant and are based at the same establishment as the claimant. It was therefore for me to decide, based on the evidence before me, whether the claimant and Mr Taylor and/or Ms Claase are 3.1 Employed under the same type of contract; …