Part-time workers

As a result of the changing structure of family life, the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (the ‘Regulations’) have been introduced to ensure that those who want to work part time have some degree of protection. Claims brought under the Regulations are brought to an Employment Tribunal within three months less one day of the unfavourable treatment that is complained of.

Whilst the Regulations don’t actually guarantee the right to work part time, they provide protection to those who are working part time. There is no guarantee of the right to work part time in UK law, but the Employment Rights Act 1996 gives the right to request part time working. This right is given to anyone caring for a child aged 17 and under, or 18 and under where a child is disabled, as well as carers caring for adults. After a period of 26 weeks employment, that person then has the right to request part time working and to have that request taken seriously, whether it is on the basis of fewer hours, different work hours, other another condition. Where an employee is prevented from making a request, or a request is not taken seriously, an employee can make a claim in an Employment Tribunal (as long as this is done within three months less one day of the failure of an employee to allow this).

Making a request

Where an employer has properly thought through a request that has been made and given good reasons for not accepting the request, an employee cannot challenge the decision. However, because there is widespread acceptance that the majority of people handling care arrangements tend to be women, there could be a claim for indirect sex discrimination – in order to avoid this, an employer would need to be able to demonstrate that there was an obvious business need for refusing the request. If not, then an employee could make a claim to an Employment Tribunal within three months less one day of the refusal.

The request is accepted

The Regulations will apply once such a request has been accepted and an individual is working part time. They seek to ensure that anyone who is working part time is not treated any less favourably than a comparable full time employee because they are part time.

A comparable full time employee under Regulation 2(4), is someone who – at the time of the unfavourable treatment against a part time worker – has the same type of contract to do broadly similar work (taking into account skills, qualification, experience etc) for the same employer, and who either works or is located at the same place as the part time worker; or if such an employee does not exist, a comparable full time worker will be someone who works elsewhere but who has the same type of contract to do broadly similar work (taking into account skills, qualification, experience etc) for the same employer.

Less favourable treatment and victimisation

The kinds of areas that could give rise to issues with less favourable treatment include contractual terms and conditions, working environment or practices – for example, where a part time worker receives a lower hourly pay than a full time employee in the same position. Only where this can be objectively justified, will an employer not fall foul of the Regulations.

A ‘pro-rata’ approach can be taken by an employer, which would see a part time worker receive a proportion of full time hours benefits. An employer can also require that a part time worker works a certain number of hours to receive an enhanced overtime rate – the same number as that required from a fulltime worker – and this will not fall foul of the Regulations.

There is also protection from victimisation in the event that an employee has made a complaint about his or her treatment on the basis of a part time working relationship – this will apply to anyone who comes within the definition of ‘worker,’ including those who are self employed.