Part time workers have the right not to be treated less favourably than a comparable full time worker in the terms of their contract, or by being subjected to any other detriment by any act, or deliberate failure to act, of their employer.
A part time worker is defined in the Part Time Workers (Prevention of Less Favourable Treatment) Regulations 2000, as someone who is “paid wholly or in part by reference to the time he works and, having regard to the custom and practice of the employer in relation to workers employed by the worker’s employer under the same type of contract, is not identifiable as a full-time worker.”
The right only applies if the treatment is on the grounds that the worker is a part time worker, and the treatment is not justified on objective grounds.
Part time workers can request a statement from their employer explaining the reason for specified treatment that they believe is contrary to the Regulations and have the right to make a complaint to an Employment Tribunal.
In so far as rates of pay and benefits are concerned, the pro-rata principle applies as between a full time worker and a part timer.
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