Latest Legal News - Part-time workers: Are you treating them fairly? (January 2010)

In an economic down-turn part-time workers are more common as businesses become creative with how they employ workers to keep costs down and avoid redundancies.

With all this comes a whole host of obligations that employers need to be aware of when dealing with part-time workers. The Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (‘the Regulations') implements the EC Directive on part-time work. The Regulations make it unlawful for employers to treat part-timers less favourably than full-timers, unless it is justified on objective grounds. This will occur if it can be shown that it is necessary and appropriate to achieve a legitimate business objective.

The key features of the Regulations are:

• The part-time worker must identify an actual, permissible full-time comparator in the same employment;
• If this can be identified then there is a right not to be treated less favourably (bearing in mind the pro rata principle);
• In principle, differences are unlawful if ‘on the grounds of' part-time status;
• The employer has to show that the less favourable treatment is objectively justified and the reasons for the less favourable treatment or detriment and must produce a written statement of reasons if asked by the part-time worker. 
• There is a right to apply to the Employment Tribunal which can make a declaration of infringement, make recommendations and order compensation for loss.

The Regulations apply to terms such as:

• Rates of pay;
• Rates of contractual sick pay and maternity pay;
• Access to training;
• Annual, maternity and parental leave;
• Access to occupational pension scheme;
• Fringe benefits

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