Table of Contents
As an employer, you may employ staff on a full-time or part-time basis. A part-time worker is an employee who works fewer hours than a full-time worker. Nevertheless, your part-time staff have the same rights as your full-time staff. Hence, you should not treat them any less favourably just because they work part-time. This article will explain what you, as an employer, need to know about part-time working in England.
Who is a Part-Time Worker?
While there is no legal definition of a part-time worker regarding the number of hours they work, a full-time worker is someone who works at least 35 hours per week. Therefore, any member of your staff who works less than this is likely to be a part-time worker.
What Rights Do Part-Time Workers Have?
Part-time workers have the same rights as equivalent full-time workers or comparators. Therefore, you should treat your part-time workers the same way in terms of their:
- pay rates for salary, sick pay, maternity and paternity pay, and adoption pay;
- holiday, maternity, paternity and adoption leave;
- pension rights, including benefits and opportunities;
- career development opportunities, which include training, promotion and transfer;
- redundancy selection and pay; and
- career break opportunities.
The law also protects your part-time workers from being treated differently or less favourably because they have:
- made a complaint about you treating a part-time worker less favourably than a full-time comparator;
- supported a complaint someone made about treating a part-time worker less favourably than a full-time comparator; or
- where it is thought that they did either of the above.
Call 0808 196 8584 for urgent assistance.
Otherwise, complete this form and we will contact you within one business day.
What is a Comparator?
Employees working for you part-time should be treated no less favourably than their full-time comparator. A full-time comparator is someone who:
- is on the same contract type as the part-time worker;
- has qualifications, skills and experience similar to the part-time worker; and
- is working in the same organisation.
To ensure that you are not treating your part-time employees less favourably than their full-time comparators, you should focus on the individual terms and conditions in your part-time workers’ contracts rather than on the contract holistically.
When is an Employer Allowed To Treat Part-Time Workers Differently?
There are instances where you can treat your part-time worker less favourably, providing you can show ‘objective justification’. Objective justification demonstrates that you have a good reason for treating your part-time workers differently or less favourably. To show objective justification, you need to prove that the different treatment is:
- towards a legitimate business objective or aim for your business; and
- is a method to achieve this, which is needed and appropriate.
What Happens if You Treat a Part-Time Worker Less Favourably?
If you have treated a part-time employee less favourably when you should not have, you should try to resolve the matter informally. However, where this does not resolve the issue, your part-time employee has a legal right to ask you for a written statement of your reasons for less-favourable or different treatment.
You must give them your written statement within 21 days of their request. If your explanation does not appear to be one with objective justification, your employee may take you to an employment tribunal for an employment claim. The employment tribunal will consider your reason and whether you provided your employee with your reasons within 21 days.
Key Takeaways
As an employer, you should not treat your part-time workers differently or less favourably than their full-time comparators. This means you should afford your part-time workers the same rights on a pro-rata basis. Nevertheless, you can only treat your part-time workers less favourably or differently where you have a good reason to. If you do not afford your part-time workers their rights, they may initiate a claim against you at an employment tribunal.
If you need help understanding what you need to know about part-time working in England, our experienced employment lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents for a low monthly fee. So call us today on 0808 196 8584 or visit our membership page.
Frequently Asked Questions
Part-time workers work fewer hours than full-time workers in the same organisation. There are no set hours which define a part-time worker.
Employers should note that part-time workers have the same rights as their full-time comparators. Hence, you should not treat your part-time workers less favourably or differently unless you have an objective justification.
We appreciate your feedback – your submission has been successfully received.
