Advocate General for Scotland v Barton

Employment and labour law – Part-time workers – Discrimination – Less favourable treatment. Court of Session: Allowing an appeal by the Advocate General, the court dismissed a claim by a former part-time clerk to the General Commissioners of Income Tax, who was not granted a pension on retiral and contended that, contrary to his part-time worker's rights, he received less favourable treatment than another former clerk who was granted a pension, holding that on a proper interpretation of s 3(3) of the Taxes Management Act 1970 the respondent was not entitled to pass the threshold in stage one of a Ministry of Justice policy regarding determination of the pension for a clerk to the General Commissioners, and he was not entitled to rely on the other clerk as a 'comparable full-time worker' for the purposes of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000.

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