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Augustine v Data Cars Ltd
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Augustine v Data Cars Ltd [2025] EWCA Civ 658 The Court of Appeal considered the correct approach to causation in claims for less favourable treatment of part-time workers under regulation 5 Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (PTW Regulations 2000), which implemented EU law obligations contained in the Part-Time Work Directive (97/81/EC) (Directive) and Framework Agreement on Part-time Work (Framework Agreement). In particular, the court considered whether McMenemy v Capita Business Services Ltd [2007] CSIH 25 was correctly decided. The claimant, a private hire driver, was required to pay a flat-rate circuit fee of £148 per week to his employer, the respondent. The circuit fee was payable by all drivers, irrespective of whether they worked full time or part time. The claimant brought a claim in the employment tribunal contending that the circuit fee constit...
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