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Part-time employees' rights

Part-time employees are safeguarded from being treated less favorably than full-time employees just because they work part-time.


A part-time employee works less hours than a full-time employee. There is no set amount of hours that defines someone as full-time or part-time, although a full-time employee often works 35 hours or more each week.


Part-time employees should get the same treatment for:


pay scales (including sick pay, maternity, paternity and adoption leave and pay)

pension benefits and possibilities

holidays

Selection for promotion and transfer, or for redundancy possibilities for career pauses, based on training and professional development


Some benefits are applied on a pro rata basis (in proportion to hours worked). For example, if a full-time employee receives a £1,000 Christmas bonus and a part-time employee works half the amount of hours, the part-time employee should get £500.


Overtime compensation - Part-time employees may not get overtime pay unless they have worked more hours than a full-time employee.


When businesses have the option to treat part-time employees differently


In certain cases, businesses are not required to treat part-time employees the same as full-time employees. In these cases, the employer must be able to provide a compelling cause for doing so – this is known as 'objective justification.'


Example


If objectively justified, a company may give health insurance to full-time workers but not to part-time employees.


Their reasoning might be that the expenditures involved are disproportionate to the benefits to which part-time workers are entitled.


In this scenario, the employer may consider an alternative, such as asking the part-time employee to contribute to the additional cost.


If a part-time employee has been treated unfairly,


Part-time employees should first consult with their employer or a trade union representative.


They have the right to a written explanation from their employer for their treatment. The request must be made in writing, and the employer must respond within 21 days.


If the employee is not convinced that the explanation supplied was objectively justifiable, they may be entitled to file a claim with an employment tribunal.

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