Unlock Part-Time Workers Rights: 7 Key Protections Against Less Favourable Treatment
Key points
- You are entitled to pro‑rata pay, holiday, overtime, and performance‑based rewards.
- Equal opportunity for training, career progress and workplace adjustments is legally required.
- Any apparent unequal treatment triggers a statutory right to complain and seek redress.
- The claim window is three months from the date of the alleged less‑favourable treatment.
- Early conciliation can solve most disputes before formal tribunal hearings.
Frequently asked questions
How can I prove that I am a comparable full‑time worker for the purposes of the regulations?
To show comparability, you need to prove that you work in the same job role, have similar qualifications or duties and work at the same place or an equivalent establishment as a full‑time colleague. Keep a record of your hours, job description, and any evidence that shows you have the same responsibilities.
What happens if my employer offers me a benefit that a full‑time colleague receives?
If you are eligible and the full‑time colleague receives a specific benefit – for example, a mobile phone or a training programme – the regulations require you to receive the same benefit on a pro-rate basis. If the employer refuses, you can raise a complaint and, if necessary, bring the matter to a tribunal.
Can I claim compensation for missed holiday if my employer does not calculate my holiday correctly?
Yes. The Employment Rights Act 1996 allows you to claim for unpaid holiday pay. You should calculate the number of days you are entitled to and use your paid holiday unit value to claim a correct amount. Keep a clear record of your actual working hours and holiday entitlement.
What is the time limit for making a claim?
An employment tribunal claim for less‑favourable treatment under the regulations must be lodged within three months of the date the inequality occurred. If the situation relates to a jurisdiction that requires six months (e.g., a discretionary judicial review), that longer period may apply.
Still Unsure About Your Rights?
Download our free Part‑Time Workers Rights Checklist to ensure you’re getting the fair treatment you deserve. Use it to identify potential breaches or gather evidence before you speak to your employer or ACAS.
This is not legal advice, this post is for information purposes only, legal advice should be from legal professionals only.
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