Are part-time workers treated less favourably than full-time workers?

Under the Part-Time Workers Regulations 2000, part-time workers must not be treated less favourably than comparable full-time workers.

The Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 require employers to treat part-timers no less favourably than full-timers who do similar work. A comparable full-time worker is someone employed by the same employer under the same type of contract, doing the same or broadly similar work, in the same establishment. If no exact full-time equivalent exists at the workplace, the comparison is assessed against a suitable similar role in the same establishment.

In practice, this means that pay, holidays, and other contractual terms should be the same in principle, unless there is a clear, objective reason for a difference. The law also states that the pro rata principle should be applied to terms and benefits unless it would be inappropriate to do so.

Key points to remember: – No less favourable treatment applies to pay, holiday and benefits – The comparison is with a comparable full-time worker in the same establishment – Pro rata entitlements should be the default unless there is a justified exception

How is holiday entitlement calculated for part-time workers?

Part-time workers have a statutory holiday entitlement of 5.6 weeks, pro rata to hours.

All workers have a statutory minimum holiday entitlement of 5.6 weeks per year. For part-time workers, this entitlement is calculated on a pro rata basis according to the number of hours they work.

For example, a worker who averages 4 days per week would be entitled to 4 days per week × 5.6 weeks = 22.4 days of holiday per year. Note: 5.6 weeks equals 28 days for a 5-day week.

If hours vary week to week, holiday pay should be calculated using the average number of normal working hours over a relevant reference period (commonly the last 12 weeks) to arrive at a fair amount of pay for holiday absence.

What protections does the Equality Act 2010 give part-time workers?

The Equality Act 2010 protects against direct and indirect discrimination based on part-time status, using comparators and prohibiting unfavourable treatment.

The Equality Act 2010 makes it unlawful to treat someone less favourably because they are a part-time worker. Direct discrimination is straightforward: if a part-time worker is treated worse than a comparable full-time worker in the same role, it may breach the Act. Indirect discrimination can occur when a policy or practice applies to everyone but places part-timers at a particular disadvantage.

In practice, tribunals often compare a part-time employee with a 'comparable' full-time worker performing the same work to assess fairness. If the effect of a policy is to disadvantage part-time workers, the employer must justify it with objective grounds. Remedies may include compensation or reinstatement where appropriate.

How does overtime work for part-time workers?

Overtime pay for part-time workers should be pro rata, like other terms of employment; unequal overtime rates may breach the Part-Time Regulations.

The Part-Time Workers Regulations 2000 require that where overtime is applicable, pay and conditions should be proportionate to hours worked. If a part-time worker is paid a lower rate for overtime than a comparable full-time worker, that treatment is likely to be unfavourable unless there is an objective justification.

When hours are fixed, the calculation is straightforward: overtime pay aligns with the worker’s normal hourly rate. If hours vary, the overtime calculation uses the average weekly hours or an equivalent method to ensure fair pay for time worked beyond contracted hours.

What should you do if you think your rights are breached?

If you think your part-time rights are breached, act promptly: gather evidence, compare with a full-time worker, and consider ACAS conciliation and tribunal time limits.

Start by gathering evidence of the treatment and identify a comparable full-time worker to use as a benchmark. Put your concerns in writing and request a remedy from your employer.

If the issue remains unresolved, contact ACAS to start early conciliation and discuss options before proceeding to a tribunal. It is essential to be aware of time limits: most Employment Tribunal claims must be brought within three months minus one day from the date of the incident, with possible extensions in justified circumstances. ACAS conciliation can also extend preparation time before a formal claim.

If you proceed to a tribunal, you may be entitled to remedies such as pay, reinstatement or other appropriate compensation depending on the case.

1. 1. Collect evidence and identify a comparable full-time worker for benchmarking
2. 2. Put concerns in writing and ask for a remedy
3. 3. Contact ACAS for early conciliation
4. 4. Lodge a tribunal claim within three months minus one day, or seek a just and equitable extension