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Equivalent full-time workers

To judge whether you are being treated less favourably than a full-time worker you should compare yourself to an ‘equivalent’ full-time worker. This is someone doing a similar job on the same type of contract. So you might be able to compare yourself to a colleague on the same team, or someone who does similar work to you on a different team.

If you have changed to part-time working in the same role, then you are able to compare your part-time conditions with your previous full-time contract. This also applies if you are returning part-time after maternity leave.

Objectively justifying less favourable treatment

A part-timer can be treated less favourably if there is ‘objective justification’ for doing so. This means that the employer has to show that the reason is necessary, and is the right way to meet a genuine aim of the business. Part-time workers can’t be treated less favourably just because they are part time.

‘Less favourable treatment’

You should receive the same treatment at work as an equivalent full-timer, so any job benefits, employment terms and conditions or opportunities open to full-timers should also be available to you. The benefits are normally ‘pro rata’, meaning that they should be in proportion to your hours. For example if an equivalent full-timer gets a £1,000 bonus and you work half the number of hours, you should get a £500 bonus.

It may not be possible to pro-rata some benefits to part-timers (for example, health-club membership). In this situation your employer would have to decide either to give the benefit to both full- and part-time staff or (if there was objective justification) not to give part-time workers the benefit.

Your employer is entitled to offer better terms to part-timers, perhaps to encourage a more balanced workforce, but they will need to be sure that doing this is not against other discrimination laws.

Common examples of less favourable treatment

Rates of pay

Part-time workers must get at least the same hourly pay rate as a full-timer doing a similar job.

Training and career development

Part-time workers mustn’t be excluded from training and career development opportunities. Wherever

Holidays

All workers have the right to a minimum amount of annual holiday, which is pro rata for part-time workers. Many employers give more than the statutory minimum amount of holiday and part-timers should be treated no less favourably.

Your employer can’t round down the number of days given, because this would be unfavourable treatment, but fractions of a day might be given as hours.

Bank and public holidays

Where your employer gives additional days off for bank and public holidays the rights of part-timers may not always be clear. If you work under a shift system where all full-time and part-time workers are equally likely to be scheduled to work on a bank holiday then it may be enough for your employer to give all part-time workers a paid day off.

However, if you work fixed days each week, such a practice could put you at a disadvantage. For example, because most bank and public holidays fall on a Monday, those who do not work Mondays will be entitled to proportionately fewer days off. In cases like this, your employer could give all workers a pro rata entitlement of days off in lieu according to the number of hours they work. Your employer can then control when you take your holiday, coinciding with any bank holidays.

Selection for promotion and transfer, or for redundancy

Opportunities for career breaks

Some employers let employees take career breaks. If you are a part-time worker, you have the right to the same opportunities.

Sick pay, maternity, adoption and paternity leave and pay

What to do if you have been treated less favourably

If you believe your employer has treated you less favourably than a full-time worker then you have the right to receive a written statement of reasons for the treatment. You should put your request in writing and your employer must return the written statement within 21 days. If you are not satisfied that this treatment is objectively justified, then you can make a complaint to an Employment Tribunal against your employer.

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