Part time workers

Part time workers are specifically protected from being treated worse than full time workers under the Part time Workers (Prevention of Less Favourable Treatment) Regulations 2000.

 

The part time worker will need to compare themselves to a full time worker wno is employed on the same type of contract, doing similar work to show less favourable treatment. The level of skill, qualifications and experience may also need to be considered in making the comparison.

 

Employers can justify the difference in treatment if they can show good, objective reasons for it.

 

Overtime

There is an exception for part-time workers that are paid less for overtime than a full time worker. Less favourable treatement cannot be established for differential payment where the part-time employee works less hours in the same period as the full time employee.

 

Detriment

Where a part time employee is subjected to a detriment for asserting their rights they will be able to bring a claim.  Detriments will include

  • demotion,
  • denial of opportunities
  • unjustified disciplinary action,
  • hostile treatment

 

More on detriment claims in employment

 

Dismissal

Where an employee is dismissed for asserting their rights under the regulations then they will be regarded as unfairly dismissed and be able to make an automatic unfair dismissal claim.

 

More on automatic unfair dismissal claims

Need to understand a word or phrase?

Employment Law Glossary

Help us and win £10!

User survey

Thu

26

Feb

2015

Zero increases by 26%

The Office for National Statistics has released new figures that show nearly 700,000 people work on zero hours contracts - up 26% from last year.  The problems caused by these contracts will require a significant change in the law.

Read More 0 Comments