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Frequently Asked Questions

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. The regulations are a Statutory Instrument, reference number 1551/2000. The amendment regulations have the reference number 2002/2035.

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.