What Are Part-Time Employees Entitled To?
Recent rules have strengthened the rights of part-time workers considerably. The Part-Time Workers (Prevention of Less-Favourable Treatment) Regulations 2000 ensure that employers must not treat those working a reduced number of hours a week any less favourably than comparable full-time employees. How do we deal with this in practice?
Two employees doing the same job should now earn exactly the same per hour, all other factors being equal. Similarly, if overtime pay is available to the full-time worker, this must also be given to the part-time worker but only if they exceed the same number of hours worked by the full-time worker. Whilst annual leave will be pro-rated, the entitlement must be the same.
Part-time employees are also now entitled to the same sick pay, access to company pension schemes and treatment in access to training as their full-time counterparts. However, as always, the comparison must be made only with full-time employees on similar contracts who are working for the same firm and who have a similar level of skills, qualifications and experience. It is for the employer to prove that there is an objective justification which requires a difference in treatment between the two employees.
A typical situation which the Regulations are designed to cover is that of a female employee who returns after maternity leave to work part-time. Under the Regulations, she must not be subject to "worse" conditions which penalise her upon her return to work.
If a part-time employee does believe that he or she is the subject of less favourable treatment than a comparable full-timer, the employee should write to the employer requesting an explanation. The employer has 21 days in which to respond. The purpose of this is to encourage discussion rather than litigation.
The intention behind the legislation is to create a more flexible workforce where the status of being a part-timer will not now act as a barrier to promotion.
Our advice would be for employers to widen access to part-time work, consider requests for job-sharing and be willing to be as flexible as possible within the commercial realities of the business.
This article was written by the Employment Law department at Fyfe Ireland WS Solicitors.
It is reproduced here with permission. Please read our disclaimer.