FREQUENTLY
ASKED QUESTIONS ABOUT THE PART-TIME WORKERS REGULATIONS
Introduction
The
measures ensure that Britain's six million part-timers are no
longer treated as second class citizens. The changes cover pay,
pensions, training, and holidays.
They
establish a minimum standard of fairness for part-timers so that
they will no longer be treated less favourably than the full-timers
they work alongside.
The
Government is determined that the UK should reap the full benefits
of part-time work, without imposing unnecessary new bureaucratic
burdens on business. The measures will help the vast majority
of employers who already follow good practice and are being undercut
by less scrupulous competitors.
The
Measures
1.
What exactly do these regulations do?
The
regulations make it unlawful for employers to treat part-timers
less favourably than comparable full-timers, unless different
treatment is justified on objective grounds. This will ensure
that part-timers should, for example:
- receive
the same hourly rate as comparable full-timers;
- receive
the same hourly rate of over-time as comparable full-timers,
once they have worked more than the normal full-time hours;
- not
be excluded from training simply because they work part-time;
and,
- have
the same entitlements to annual leave and maternity/parental
leave on a pro-rata basis as full-time colleagues.
- have
the same access to pension schemes and pension scheme
benefits.
Coming
into Force
2.
When will the regulations come into force?
The
regulations came into force on 1 July 2000.
Two amendments to the Regulations, dealing with comparators and
with access to pension schemes, came into force on 1 October 2002.
3.
Where are the regulations available?
The
regulations can be ordered from Her Majesty's Stationery Office
by telephoning 0845 023474, or obtained from the Stationery Office
website at www.legislation.hmso.gov.uk.
The regulations are a Statutory Instrument, reference number 1551/2000.
The
amendment regulations have the reference number 2002/2035. Alternatively, the regulations can be viewed through the DTI
Part-time Work website, which also provides information on
compliance and best practice.
Employees
and Workers
4.
Why do the regulations cover workers as well
as employees?
The
Government has decided in this particular case to extend coverage
to workers. Coverage of workers will ensure that all part-timers
are protected against less-favourable treatment.
Finding
a Comparator
5.
Can any part-timer compare him/herself with any full-timer?
No.
Part-time workers can only compare themselves with full-time workers
on similar contracts working for the same firm. It
will not matter, however, whether the part-timer or the full-timer
are working on fixed-term or permanent contracts.
6.
Who or what will a part-timer be able to compare his or
her terms and conditions against?
A
part-timer will be able to compare his or her terms and conditions
with those of a comparable full-timer. A comparable full-timer
must be engaged in broadly similar work taking account, where
relevant, of whether he or she has a similar level of qualifications,
skills and experience. The comparator must work under the same
type of contract and in the same establishment as the part-timer.
Where there is no full-time comparator at the same establishment,
the part-timer can make comparison with a full-timer engaged in
similar work in a different establishment for the same employer.
7.
What happens if someone goes part-time after working in
the job as a full-timer, for example, someone returning to work
part-time after taking maternity leave?
Someone
who changes to part-time work will be able to compare their part-time
conditions with their previous full-time contract; this also applies
to someone returning part-time after a period of absence, such
as maternity leave, providing the period of absence does not exceed
12 months. This will ensure that workers do not suffer worse conditions
if they go part-time. Worse terms and conditions are often a disincentive
to staff considering a switch in their hours. Because of this,
part-timers can be reassured that they will not be penalised for
changing to part-time hours.
Written
Statement
8.
What is the written statement procedure?
Part-timers
can make a request in writing to their employer for a written
statement of reasons if they believe they are being treated less
favourably than a comparable full-timer. The employer must respond
to the request within 21 days. This allows both parties to establish
the facts, and lessens the likelihood of a claim being taken to
an employment tribunal.
Small
Employers
9.
Is there an exemption for small employers?
Under
the Directive, the Government has absolutely no scope for exempting
small firms. Therefore, there can be no exemption for small businesses.
However, in drawing up the proposals the Government has been keenly
aware of the needs of small business, and the proposals should
not create a significant burden for most businesses - in fact
the great majority who do not treat their part-timers less-favourably
than their full-timers will be unaffected.
|
