There are more than 8 million people who work part-time in the UK. Part-time workers are entitled to a range of rights and protections to ensure they are treated fairly and equitably compared to their full-time counterparts.

Definition and General Rights

A part-time worker is someone who works fewer hours than a full-time worker. There is no specific number of hours that defines part-time work, but it generally means working less than the typical 35 hours per week of a full-time employee.

Part-time workers are protected under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000. This legislation requires part-time employees not to be treated less favourably in terms of pay, benefits, and other employment conditions.

Key Rights and Protections

1. Pay and Benefits:

   • Part-time workers should receive the same rate of pay as full-time workers, calculated on a pro-rata basis. This includes sick pay, maternity, paternity, and adoption leave and pay.

   • Pension opportunities and other benefits should also be provided on a pro-rata basis.

2. Holiday Entitlement:

   • Part-time workers are entitled to a minimum 5.6 weeks of statutory paid holiday, calculated in proportion to the hours they work. For example, if a part-time worker works three days a week, they are entitled to 16.8 days of paid holiday per year.

   • Most of the UK’s bank holidays fall on a Monday or Friday. If you give your full-time workers paid bank holidays in addition to their holiday entitlement, then part-time employees who don’t work on Mondays or Fridays would end up receiving proportionately fewer days’ total leave. To prevent this, it is sensible to give part-time workers a pro-rata bank holiday allowance.

   • It is important to be aware of how this is dealt with in the contract as previous handling of bank holidays may imply into future contracts how the bank holidays are dealt with.

3. Training and Career Development:

   • Employers must provide equal opportunities for training and career development to part-time workers as they do for full-time workers.

4. Overtime Pay:

   • Part-time workers are not entitled by law to overtime pay until they have worked more than the normal hours of a full-time worker. However, you may vary this position in your own contracts or overtime policy.

     
     

Part-time workers and indirect sex discrimination

Treating a part-time worker less favourably than a full-time worker can constitute indirect sex discrimination. This is because women are statistically more likely to work part-time than men.

What else should you be aware of?

If a part-time worker feels they are being treated unfairly, they have the right to request a written statement of reasons for less favourable treatment from their employer. The employer must provide this statement within 21 days. This protection also covers situations where part-time workers are victimised for asserting their rights.

If you have any questions about part-time workers’ rights, please do get in contact with one of the team.

Image source: Aleksandrs Muiznieks via Adobe Stock