Part Time Workers
The Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 protect part-timers (of whom by far the greater majority are women) from less favourable treatment compared to full-time workers unless such treatment is justified on objective grounds.
It is important to note that the Regulations refer to workers – not just employees – and include home, agency and contract workers.
A part-time worker is defined by the Regulations as a worker who is “…paid wholly or in part by reference to the time he works and, having regard to custom and practice of the employer in relation to workers employed by the worker’s employer under the same type of contract, is not identifiable as a full-time worker”.
All part-time workers are protected regardless of the hours they work.
Employers must make sure that terms and conditions regarding pay, holiday entitlement, pension schemes and other benefits are the same (on a pro rata basis) for part-timers as for full-time workers.
In any redundancy situation part-timers must not be treated less favourably.
An employee may make a written request to the employer for a written statement giving reasons for any alleged unfairness. Providing the request is in writing the employer must reply within 21 days.
Employers are not only liable for their own discriminatory actions against part-timers but also for any such actions on the part of their other employees unless they can show that they have taken all reasonable steps to protect the part-timers. Making all staff aware of the Regulations is essential and a policy document coupled with proper training strongly recommended.
All PBS information sheets are designed to provide the detail you need to implement best business and employment practices. They are not a detailed commentary on the current law and where advice is needed in a specific case you should contact PBS for expert consultation.
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