Part Time Working

The Part-Time Workers (Prevention of Less Favorable Treatment) Regulations 2000 (PTRW), as subsequently amended, exist to ensure that all part-time workers are not treated less favourably than full-time workers in the terms of their contract or suffer any other detriment.

The part-time employee's comparator will be either a full-time employee at the same establishment or a comparison of the employee's previous old full-time terms and conditions, to his new part-time terms and conditions.

As most part-time workers are women with childcare responsibilities, breach by an employer of the PTRW, may in some instances also amount to indirect sexual discrimination.

An employer may on occasion be able to objectivity justify, the less favorable contract terms of a part-time worker.

Where a worker considers that he has been treated less favourably by an employer, he can make a written request for a written statement from the employer to provide reasons for the treatment. The employers response must be made within 21 days.

The pro-rata principle is used to determine whether a part-time employee has been treated less favourably. Unless an employer is able to objectively justify otherwise, a part-time employee must therefore receive the same rate of pay, promotion prospects, sick pay, access to pensions, training, annual leave, maternity, paternity and adoption leave and all other benefits as a full-time worker.

The DTI (Department of Trade and Industry) has produced a guide setting out a best practice for employers and part-time workers. Employers are encouraged, amongst other things to:

• review posts, to see if they can be performed by part-time workers
  
• make posts of varying levels and skills open to part-time workers and job sharers
  
• provide part-time employees with equal opportunities to promotion
  
• give consideration to the introduction of more flexible working practices such as flexi-time and homeworking

As an employee, you should be aware that if you feel that you have suffered less favorable treatment compared to a full-time worker in the same organisation, then you must first bring the matter to your employers attention through the company's internal grievance procedure, before commencing a claim in the Employment Tribunal.

There are strict time limits for commencing claims in the Employment Tribunal and Courts.

If you believe you have a claim, please complete our Free Claim Assessment Form online now. We will then respond to you usually within 48 working hours, including a free initial assessment of your claim.

Alternatively, you can download the free claim assessment form and send it to net employment solicitors at the address on our contact page.