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Part time workers rights

January 17th, 2010

The Rights

Part Time workers have the right to be treated no less favourably than comparable full-timers. This means they should receive the same rates of pay, have the same opportunities for training, and be entitled to the same benefits and opportunities as full time employees.
These Rights are set out in the Part Time Workers (Prevention of Less Favourable Treatment) Regulations 2000.

Right to Request reasons

A part time employee who believes they have been treated less favourably than a full time employee is entitled to request in writing reasons for the less favourable treatment. The employer must then provide written reasons within 21 days.

In some circumstances an employer may be able to justify less favourable treatment.

Claims to Employment Tribunals

A worker who has been treated less favourably by their employer on the basis of their part time status can make acclaim to an Employment Tribunal.
There is no minimum qualifying period of employment required for a worker to bring a claim in the Employment Tribunal, for breach of these regulations but the claim must be received by the Tribunal within 3 months of the dismissal or detriment.

Protection of workers who assert their rights

A worker has the right not to be subjected to a detriment in their work if they refuse to give up a right under the Regulations or complain or bring a claim asserting that the employer is in breach of the Regulations.

An employee who is dismissed for asserting their rights in this way, making a complaint or bringing a claim is regarded as unfairly dismissed.

There is no minimum qualifying period of employment required for an employee to bring a claim in the Employment Tribunal, in respect of either of these potential claims, but the claim must be received by the Tribunal within 3 months of the dismissal or detriment.

Links

The Regulations

Detailed Government Guidance.
ACAS guidance and publications

Disclaimer

Please note that the information on this page is intended to be a guideline and is therefore a summary of the law only and not a complete guide. Before taking any action based on this information you are strongly advised to take legal advice. Whilst every effort has been made to ensure that the information contained on this page is up to date and accurate, no guarantee can be given to this effect.

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