Frequently Asked Questions

Part Time Workers Rights

• Do part-time workers get the same rights as full-time workers?
• What are my rights as a part-time employee?
• I understand that since having a baby I can work part time – is this correct?
• Might I be able to claim other state benefits as a part-time worker?
• As a part-time worker, am I entitled to join a company pension scheme?

Q Do part-time workers get the same rights as full-time workers?

A Part-time workers must be treated no less favourably than full-time workers.

The Part-time Workers' Regulations prohibit discrimination against part-time workers.
Part-time workers must be treated no less favourably (on a pro-rata basis) than full-time workers in all matters including:

• Rates of pay

• Overtime

• Contractual sick pay

• Contractual maternity pay

• Company pensions

• Access to training

• Holidays and parental leave

• Redundancy

• Access to pensions

Now is the time to look at your contract of employment and works' rules. Part-time workers should not be treated less favourably than full-time workers. Less favourable treatment could be a breach of the Part-time Workers' Regulations and/or sex discrimination Acts.

Take up any concerns through your local UNISON representative. You may be able to raise a grievance, or even take a case to an employment tribunal.

Q What are my rights as a part-time employee?

A Part-time workers have the same statutory rights as full-time workers. For example, they are entitled to redundancy payments and protection against unfair dismissal; maternity and sickness rights; written particulars of terms of employment; time off; suspension and
lay-off payments; protection against unlawful deductions from pay and against discrimination on grounds of sex, race, disability or marital status. As with full-time employees, some of these rights are only acquired after a period of continuous service. Part-time workers are also entitled to be paid for all hours spent up to the equivalent hours paid for and to full time workers when attending approved union training courses.

The law also tackles discrimination against part time workers in contractual terms. Unless the employer can objectively justify less favourable treatment, part-timers are entitled:

• to the same hourly pay

• to the same hourly rate of overtime, once they have worked the normal full time hours

• to entitlement to leave on a pro rata basis - annual, sickness, maternity/parental and time off for dependants

• to the same access to occupational pension schemes

• to participate in profit sharing or share option schemes

• to be entitled to benefits such as subsidised mortgages and staff discounts

• not to be excluded from training or promotional opportunities

• to be treated no less favourably in the case of career breaks

• to be treated no less favourably in redundancy situations as their full time equivalents

An employee or a worker must therefore find a comparator employed or working on broadly similar work and who works under the same type of contract at the same establishment. If you change from a full time to a part time contract, the comparison can be made with your own previous full time conditions. If there is no appropriate full time comparator at the establishment, you can widen to scope to include another establishment of the same employer.

Employers should review as a matter of best practice the employment and career structure of part time workers; to consider extending part time working and job sharing, and to consult with worker representatives on arrangements for part time working.

If a part time employee considers s/he has been less favourably treated on grounds of working part time, they will be entitled to a statement of reasons for such treatment. The employer must provide this within 21 days. Failure to do so can be taken into account in any Tribunal proceedings. The part-timer is protected against victimisation for any action taken in connection with these rights.

Complaints on failure to comply with the regulations should be made to an Employment Tribunal generally within three months of the non-compliance. The Tribunal can make a declaration of rights; award compensation and/or recommend action to eliminate or reduce any adverse impact.
 

Q I understand that since having a baby I can work part time – is this correct?

A You do not have a right as such to return to work part-time. Your basic right is to return to the same or a similar job that you were doing before you left. However, if you have a good reason for needing to different hours (for example because you cannot find or afford childcare to fit your old hours) your employer should allow you to change your hours unless they have a good business reason for refusing.

You do now have a right to ask your employer to work differently. Your request has to be in writing and you need to follow a formal procedure. It is important to remember that if you do go back part-time you do not have the right to return to full-time hours without your employer's agreement. See also flexible working

Q Might I be able to claim other state benefits as a part-time worker?

A You may be able to claim Income Support/Job Seekers’ Allowance if you work part-time. Check with your local Benefits Agency office.

Q As a part-time worker, am I entitled to join a company pension scheme?

A You cannot be refused entry to your Company Pension Scheme because of the hours you work.

If you are, or have been in the past, you should lodge a Tribunal application. Visit UNISON's on-line legal services www.thompsons.law.co.uk or see our vast range of legal advice and contacts.

You must lodge your tribunal application whilst you are still employed by the employer who excluded you from the scheme or within six months of leaving.

If you did not join the scheme as soon as you could and if you have never joined it your case may be problematic.

Successful applicants must be prepared to pay backdated employee pension contributions. Entry will usually be backdated to 1976 or the date you joined the company, whichever is later.

All part-time workers should now have the same option to join company pension schemes as full-time workers.

Integration factors:

Many company schemes make a deduction from pay to calculate pensionable pay to state retirement benefits - known as integration factors. This disproportionately affects the low paid and trade unions have been campaigning to remove these integration factors.
Many part-time workers were affected by this and excluded from pension schemes in the past.

However, since 1 July 2000, part-time workers should not be treated less favourably than full-time workers for benefits and so any integration factors should be pro rated for part-time workers.