In Gibson v Scottish Ambulance Service the EAT in Scotland upheld, by a majority, a tribunal's decision that the less favourable treatment of a part-time employee, whose standby hours were disproportionate compared to those required of a comparable full-time worker, was nonetheless not "on the ground that" he was a part-time worker. The tribunal was right not to apply a "but for" test and had correctly found that the reason for the treatment in question was the demand for work in the local area.