The Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 provide rights for part-time workers to make claims for less favourable treatment. Previously, part-time employees could only make claims under sex discrimination laws. These regulations provide that part-time workers should be treated no less favourably in their working conditions than comparable full-time workers with the same type of contract. This means they should have:
- At least the same contractual rights such as pay, pensions and holidays, pro rata were appropriate.
- No adverse discrimination in treatment, such as opportunities for training or promotion.
A part-timer can compare their terms and conditions with those of a comparable full-timer. A comparable full-timer must be engaged in broadly similar work, taking account of whether they have a similar level of qualifications, skill and experience.
In addition, a right is given to workers who change to part-time to compare their part-time conditions with their previous full-time contract. This ensures workers do not suffer worse conditions if they go part-time.
Part-timers can make a request in writing to their employer for a written statement of reasons if they believe they are being treated less favourably than a comparable full-timer. The employer must respond to the request within 21 days.
The rights are extended to cover workers, as well as employees, with the result that agency and home workers are covered.
It is open to the employer to show that the less favourable treatment of a part-time worker was justified on objective grounds.
