Key Facts
- •Johanna Johnston, a Sheriff, was appointed as a Temporary Judge of the Court of Session.
- •She claimed less favourable treatment under the Part-Time Workers Regulations 2000.
- •The Employment Tribunal found she held two concurrent part-time positions.
- •The Scottish Ministers appealed this decision.
Legal Principles
Definition of part-time worker under the Part-Time Workers Regulations 2000, considering employer's custom and practice.
Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000, Regulation 2
Interpretation of section 20B of the Judiciary and Courts (Scotland) Act 2008 regarding the effect of a temporary judge appointment on a sheriff's existing appointment.
Judiciary and Courts (Scotland) Act 2008, Section 20B
Determining whether terms of an appointment have been varied by conduct, considering the original terms of appointment.
Ministry of Justice v O'Brien [2013] ICR 499
The standard of proof required to infer a new employment relationship when considering a variation of terms.
Implicit in the EAT's reasoning.
Outcomes
Appeal allowed.
The EAT found the Employment Tribunal misconstrued the relevant statutory provisions, erred in inferring two concurrent part-time employment relationships, and misapplied the definition of part-time worker by failing to consider the employer's custom and practice appropriately.
Employment Tribunal's decision set aside.
The EAT concluded that Ms Johnston was not a part-time worker for the purposes of the Part-Time Workers Regulations.
Claim dismissed.
As Ms Johnston was not a part-time worker, her claim for less favourable treatment under the Regulations failed.