Mr Roddis was employed as an associate lecturer by Sheffield Hallam University and commenced employment on 30 January 2006. He brought claims for unfair dismissal, less favourable treatment under the Part-Time Workers Regulations, and a claim of age discrimination. The age discrimination complaint was withdrawn, and the unfair dismissal complaint was dismissed by the Tribunal since it was found that the contract of employment had not been terminated and there is no appeal from that part of the decision.
The EAT allowed the appeal. The ET had erred in concluding that Wippel v Peek & Cloppenburg GmbH & Co KG  IRLR 211 ECJ led to the conclusion that the Claimant and his full-time comparator were not employed on the same type of contract. The case was remitted to the Tribunal to determine whether the part-time worker was engaged in the same, or broadly similar, work pursuant to Regulation 2(4)(a)(ii) and, if so, whether he had been subjected to unjustified less favourable treatment contrary to Regulation 5.