Augustine (Appellant) v Data Cars Limited (Respondent)

Case summary

Case ID

UKSC/2025/0122

Parties

Appellant(s)

Warren Augustine

Respondent(s)

Data Cars Limited

Issue

Does Regulation 5 of the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (the “Part-Time Workers Regulations”) apply if a worker’s part-time status is an effective cause, but not the sole cause, of their less favourable treatment?

Facts

The Appellant, Mr Augustine, worked as a part-time hire car driver for the Respondent, Data Cars Limited. The Appellant paid the Respondent a ‘circuit fee’ each week for access to its booking dispatch system. The circuit fee was the same for all drivers, irrespective of whether they were full-time or part-time workers. The Appellant brought a claim against the Respondent in the Employment Tribunal. He argued that the circuit fee was contrary to Regulation 5 of the Part-Time Workers Regulations as part-time workers had to pay a higher fee per hour worked than full-time workers. The Appellant lost before the Employment Tribunal. The Employment Appeal Tribunal and the Court of Appeal both dismissed his appeals. The Appellant now appeals to the Supreme Court.

Date of issue

21 July 2025

Case origin

Appeal As of Right

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