The Court of Appeal has held that there could be no remedy for part-time female workers who were prevented from joining an occupational pension scheme during particular periods because they would not have chosen to join the pension scheme even if they had been eligible to do so.
In Carl v University of Sheffield [2009] IRLR 616 EAT, the EAT held that a part-time worker complaining of less favourable treatment does not have to show that the treatment was solely on the ground of his or her part-time status. The EAT also held that the comparison must be with an actual, not a hypothetical, comparator.