What Are My Rights As A Part-Time Employee?

Part-time workers have the same statutory rights as full-time workers. For example, they are entitled to redundancy payments and protection against unfair dismissal; maternity and sickness rights; written particulars of terms of employment; time off; suspension and lay-off payments; protection against unlawful deductions from pay and against discrimination on grounds of sex or marital status, race, disability, sexual orientation and religion or belief. As with full-time employees, some of these rights are only acquired after a period of continuous service. Part-time workers are also entitled to be paid for all hours spent up to the equivalent hours paid for and to full time workers when attending approved union training courses.

The law also tackles discrimination against part time workers in contractual terms. Unless the employer can objectively justify less favourable treatment, part-timers are entitled:

• to the same hourly pay
• to the same hourly rate of overtime, once they have worked the normal full time hours
• to entitlement to leave on a pro rata basis - annual, sickness, maternity/paternity and parental
• to the same access to occupational pension schemes
• to participate in profit sharing or share option schemes
• to be entitled to benefits such as subsidised mortgages and staff discounts
• not to be excluded from training or promotional opportunities
• to be treated no less favourably in the case of career breaks
• to be treated no less favourably in redundancy situations as their full time equivalents.

An employee or a worker must therefore find a comparator employed or working on broadly similar work and who works under the same type of contract at the same establishment. If you change from a full time to a part time contract, the comparison can be made with your own previous full time conditions. If there is no appropriate full time comparator at the establishment, you can widen to scope to include another establishment of the same employer.

Employers should review as a matter of best practice the employment and career structure of part time workers; to consider extending part time working and job sharing, and to consult with worker representatives on arrangements for part time working.

If a part time employee considers s/he has been less favourably treated on grounds of working part time, they will be entitled to a statement of reasons for such treatment. The employer must provide this within 21 days. Failure to do so can be taken into account in any Tribunal proceedings. The part-timer is protected against victimisation for any action taken in connection with these rights.

Complaints on failure to comply with the regulations should be made to an Employment Tribunal generally within three months of the non-compliance. The Tribunal can make a declaration of rights; award compensation and/or recommend action to eliminate or reduce any adverse impact.