Your Rights as a Part Time Employee

Part-time workers are offered the same employment rights as full-time workers. Furthermore, it is unlawful for an employer to treat a part-time worker in a less favourable way because they work fewer hours than other employees. A part-time worker is any employee who works less than full-time hours and this is likely to be highlighted in your employment terms or contract.

Part-time worker job types

There are many ways in which an employee can be hired on a part-time basis. This includes:

• Job-sharing, where two or more employees carry out the duties of one job by each having reduced hours
• Term-time work - for workers who only commit to certain days or hours in term time and take leave during school holidays
• Evening or weekend work
• Casual work or bank holiday work

An employee might work on a part-time basis for a variety of reasons. Some opt for reduced hours to suit their family commitments, hobbies or other jobs. On the other hand, some businesses are only able to offer jobs on a part-time basis. Irrespective for the reason of working part-time hours, it is not lawful for an employee on reduced working hours to be treated less favourably than their full-time colleagues.

What rights do part-time workers get that are the same as full-time workers?

Both full-time and part-time workers are offered the same rights as each other and the number of hours that an employee works should not impact on the rights that they are afforded by their employer. If the employer discriminates against a part-time worker because of their hours, they are acting unlawfully.

Both full-time and part-time employees have the following rights:

• Pay rights, including maternity and paternity pay, adoption pay and sick pay
• Both full-time and part-time staff should be offered the same pension rights
• You should receive holiday entitlement
• Career development and training opportunities should be provided equally to both part-time and full-time workers.
• All employees should receive the same opportunities for promotions
• Any career break schemes must be offered to all staff, irrespective of their working hours
• Part-time workers must not be treated less favourably during redundancy procedures because of the number of hours that they work.

Pay for Part-time workers

Employers are legally obliged to pay part-time workers the same rate as they pay full-time counterparts. In other words, an employer must give equal pay for equal work. This means that a salary for a full-time employee who works in the same role as a part-time employee should be prorated to mirror the hours worked.

A part-time employee may not be offered the same overtime rates and benefits as those provided to a full-time employee and this is a legal undertaking by the employer. A part-time worker is likely to only receive the same rates of overtime as a full-time worker once they have worked full-time hours and above.

In what instances might a part-time worker be treated differently to a full-time worker?

Should an employer treat a part-time worker differently to a full-time worker, they must be able to demonstrate that there is a justifiable reason for doing so. When an employer treats a part-time worker differently, they are required to do so with ‘objective justification'. Part-time workers who are concerned that they are being treated in a different way to that of full-time workers are advised to confirm whether their employer has objective justification for doing so.

Objective justification refers to the reasoning that an employer must give for any behaviour or action that may otherwise be considered as discrimination. Objective justification relates to the employer's responsibility to explain or justify the treatment that they believe to be exempt from other laws. The objective justification test is used by way of determining that an employer has acted with reasonable observations of a scenario and that they had just cause for their behaviour or actions. The aim of the test is to highlight whether an employee has been unfairly discriminated against or whether the employer acted with legal observance and justification.

Can a full-time employee request to work on a part-time basis?

Full-time workers are entitled to request a change in hours from their employer should they wish to reduce their working times. Some employees opt to do this when they have changes in their lives, such as the birth of children, the need to care for elderly or sick relatives or because an improvement in family finances mean that full-time hours are no longer a necessity. The employer is not obliged to consider the request unless it is on the basis of caring for children or relatives. Further to this stipulation, an employee must have been in continuous employment with the employer for at least 26 weeks before making the request.

If the employer chooses to decline the request, they are legally obliged to provide an explanation for their decision.

What should a part-time employee do if they feel that they have been treated less favourably?

The primary action for any part-time employee who feels that they are being treated less favourably because of their working hours is to consult with their employer. Raising concerns directly with the employer will enable both parties to discuss the treatment and explain their viewpoints. Ideally, such a conversation will lead to the understanding of both sides and a more favourable working environment for both.

If the employee is a member of a trade union, it is wise to discuss the matter with the union representative, who will be able to assess whether there is a potential case and offer advice on how to proceed.

Upon raising concerns with the employer, the employee should expect to receive written acknowledgement of the complaint along with a written explanation for the treatment that they deemed to be unfair. This explanation may confirm that the employer has a just reason for their actions. The written document should be provided within 21 days of the initial complaint. If the employer's reasoning for treating their part-time employee differently to the way that they treat full-time workers appears to lack objective justification, the case can be escalated. This may mean that the employee is encouraged to seek legal advice and build a case against the employer to be heard at an employment tribunal.