Employing Part-time Workers

Introduction

Here we look at the definition of part-time workers and explains their rights under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 and the Part-time Workers (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2000. We also identify some of the issues that should be considered when employing part-time staff.

Employment law is a complicated area and below information is intended as a starting point only. Professional advice should be sought before any decisions are made.

Definition and types of part-time working

The Regulations define a part-time worker as someone who is contracted to work for fewer hours than full-time workers in the business. There is no rigid rule about how many hours a worker has to work to count as a full-time worker, but it is usually taken to be 35 hours or more per week. The definition of part-time work covers a wide range of working patterns including:

'Traditional' part-time work, where the worker might only work mornings or evenings, or for a set number of days per week.
Job sharing, where two or more workers carry out work that would normally be done by one worker. They share the responsibility, pay and benefits of a full-time job.
Term workers (often parents), who work only during school term time and take unpaid leave during school holidays.

Employees have the right to request a flexible working pattern that could involve part-time working hours. Employers have a duty to consider requests for flexible working, and these can only be rejected if there is a valid business reason to do so.

Rights of part-time workers

Part-time workers have the same statutory employment rights as other workers. They do not have to work a minimum number of hours a week to qualify for these rights.

Additionally, the Regulations protect part-time workers from being treated less favourably than full-time workers. The Regulations state that part-time workers must be treated at least as well as equivalent or comparable full-time workers unless different treatment can be objectively justified. A comparable full-time worker is one who works for the same employer and is doing similar work.

If a part-time worker feels they have been treated less favourably than full-time workers, they have the right to ask for a written statement from their employer explaining why they have been treated differently. The employer must reply within 21 days of receiving the request and set out the reasons for the different treatment.

If the problem cannot be solved by the employer's internal grievance procedures, the matter can be taken to an employment tribunal. The employer may be ordered to pay compensation if the tribunal rules in favour of the part-time worker.

Complying with the Regulations

All terms and conditions of work should be applied pro-rata to part-time workers. This includes rate of pay, bonus, holiday entitlement, paternity, maternity and adoption leave, access to training and career development, and access to pension schemes.

Rates of pay need to be pro-rata (a proportion of the full-time equivalent pay based on the number of hours or days worked) and enhanced overtime rates need to be the same as for full-time workers. However, enhanced overtime rates do not need to be paid until the part-time worker's hours exceed those worked by the business's full-time workers.
Staff training should be organised as far as possible when everyone can attend and if full-time workers are being paid for their time part-time workers should also be paid.
Both part-time and full-time workers are entitled to a minimum amount of statutory annual leave and maternity or paternity leave. Entitlements need to be calculated on a pro-rata basis.
Bank and public holidays are potentially more complex since they often fall on a Monday. Employers should give careful consideration to how they treat those part-time workers who do not work on a Monday, to ensure that they are not treated less favourably. Some employers establish a pro-rata entitlement to all public holidays for those part-time workers who do not work on Mondays.

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