Clare Brennan comments on the Supreme Court’s landmark ruling on part-time worker protections

Clare's comments were published in Personnel Today and City AM, 12 August 2026, and Employee Benefits, 13 August 2026.

Clare Brennan, Partner in our Corporate & Commercial team, comments on a landmark Supreme Court decision that clarifies the legal protections available to part-time workers. The ruling confirms that part-time status only needs to be an effective cause of less favourable treatment, rather than the sole or predominant reason, when bringing a claim under the Part-Time Workers Regulations. 

The case, Augustine v Data Cars, arose from a long-running dispute involving part-time taxi driver Warren Augustine, who argued that a fixed weekly fee charged by his employer had a disproportionate impact on part-time workers. After progressing through several levels of the courts, the case ultimately reached the Supreme Court, which resolved uncertainty over how the regulations should be interpreted. 

The ruling is expected to have significant implications for employers, particularly in sectors where part-time working is common. Organisations may need to take greater care when documenting decisions relating to pay, benefits, overtime opportunities and shift allocation, ensuring that decisions can be clearly justified and consistently applied. 

For employers, the judgment serves as a timely reminder of the importance of reviewing workplace practices affecting part-time staff. While the legal boundaries will continue to develop, the decision provides important guidance on how tribunals are likely to assess claims involving mixed motives and allegations of less favourable treatment. 

Read the full articles on:

• Personnel Today website [external link]
• City AM website [external link]
• Employee Benefits website [external link].