If any part time worker feels that they have been treated less favourably than a comparable full time worker they must put their complaint in writing to their employer, stating why they believe they are being treated less favourably than a full timer. Your Employer must respond to this request within 21 days, giving a written response. If they don’t, you can complain to an Employment Tribunal.
A part time worker will normally only be entitled to receive pay at overtime rates once they have worked the same number of hours as a full time worker at that establishment, unless your employment contract says otherwise!
As a part time worker you have the right to equality with full time workers at your work place. Most terms and conditions of employment are covered.
- Equal access to pension schemes, unless the costs of doing so justify a refusal by your employer.
- Equal access to training opportunities. Part timers should be treated no less favourably during redundancy selection too.
- Part timers should received the same (but pro rata) annual holiday, sick pay, maternity rights, parental leave, time off or careers breaks if they are offered to full time employees.
If you feel you have been discriminated against for working on a part time basis, you can take a claim to an Employment Tribunal. You have to identify a full time worker at your workplace, or another of your employers locations. If there is no full time worker to compare with, you cannot succeed in any claim.
If you move from full time working to a part time position, you can compare your new terms with the terms you enjoyed as a full time worker. You can request moving to a part time role in your Company by asking for Flexible Working. Refer to the “Your Family Rights” Section of this guide for more on this. The request has to be agreed by your Employer, so it has to suit the Business too.
If you feel that you have suffered any detriment because you are part time you should write to your employer, asking for an explanation. Your Employer then has 21 days in which to reply to you. If your employer has not replied in 21 days Contact our Advice Line or speak to a Solicitor.