Claimant v P Mercer
Outcome
Individual claims
The tribunal found that the claimant was unfairly dismissed. The judgment provided at a four-day full merits hearing determined that the respondent failed to act reasonably in dismissing the claimant and did not follow fair procedures.
The claimant's complaint of less favourable treatment under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 was successful. The tribunal determined that the claimant, as a part-time worker, was treated less favourably than comparable full-time workers without objective justification.
Facts
The claimant E Staples was employed by respondent P Mercer as a part-time worker. The claimant was dismissed by the individual employer. The claimant brought claims for unfair dismissal and less favourable treatment as a part-time worker. Both parties appeared in person at a four-day video hearing before Employment Judge Burge at London South.
Decision
The tribunal found in favour of the claimant on both claims. The dismissal was found to be unfair, and the tribunal upheld the claim that the claimant suffered less favourable treatment compared to full-time workers under the Part-time Workers Regulations 2000. This is a liability judgment with remedy to be determined.
Practical note
Part-time workers are protected from less favourable treatment, and individual employers must still follow fair dismissal procedures even in small-scale employment relationships.
Legal authorities cited
Statutes
Case details
- Case number
- 2301928/2022
- Decision date
- 17 October 2025
- Hearing type
- full merits
- Hearing days
- 4
- Classification
- contested
Respondent
- Name
- P Mercer
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No