Part-time workers

Duncan Lewis Employment Lawyers – Part-time Workers

Part-time workers are protected under the law by the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000.

Part-time work may involve job shares, flexible working hours – or workers who spend part of their working day or week working remotely at home for a company.

There can be a number of issues relating to part-time work, including being refused flexible working hours, being passed over for promotion because of being a part-time worker – or unfair treatment compared with full-time employees.

There are no set hours which constitute part-time or full-time work – although full-time workers tend to work at least 35 hours a week.

Part-time workers will usually receive the same entitlements as full-time workers, but these are paid pro rata according to the number of hours they work.

The entitlements which full-time workers and part-time workers receive include:

• Pay rates (wages, sick pay, maternity, paternity and adoption pay and leave)
• Pension opportunities and benefits
• Holidays
• Opportunities for career breaks
• Selection for promotion/transfer or redundancy
• Training and career development.

Part-time workers may not receive overtime pay unless they work the same hours as a full-time employee – and any seasonal or other bonuses may also be paid pro rata.

Employers may also treat part-time workers differently in some matters if they can prove an “objective justification” for doing so – for example, if the cost of providing the same benefit is disproportionate to the value of the benefit in the case of a part-time worker compared with a full-time worker.

Part-time Work – Complaining to an Employer about unfair treatment

If part-time employees are “short changed” or discriminated against by an employer as a result of their part-time contract, it may be possible to take the case to an Employment Tribunal, if agreement cannot be reached with the employer.

An initial complaint should be made to the employer – there may also be a trade union representative who can help with this. An employer must respond within 21 days of receiving the complaint.

If after receiving the employer’s reply, an employee feels there is no objective justification for their treatment, it is then possible to take the case to an Employment Tribunal.

Duncan Lewis Employment Law Solicitors – How we can help you

If an employer treats a part-time worker differently, it is important to take expert legal advice and know your rights as a part-timer, to make sure that an employer’s actions are within the law and the employee is not missing out on any entitlements.

Duncan Lewis employment lawyers act on behalf of claimants and respondents in all Employment Tribunal related matters.

The Duncan Lewis employment team can represent all types of employers, both large and small – as well as advising individual employees and collective employees on matters relating to the Employment Rights Act 1996 and the (Prevention of Less Favourable Treatment) Regulations 2000.

Duncan Lewis Employment Law Solicitors – Fees

Duncan Lewis employment law solicitors operate a transparent fee scale – and can offer a range of competitively priced funding options for claimants and respondents:

• No-win-no-fee
• Damage based fee
• Contingency fee
• Fixed fees (for specific tasks)
• Insurance funded cases.

Some cases may be funded with Home Contents Insurance or Contents/Buildings Insurance with Employment Protection Cover.

Duncan Lewis believes clients should always know what they will be paying – and will advise on the best funding option at the initial client meeting.

Duncan Lewis Employment Law Solicitors – When to contact us

If you have a problem with employment as a part-time worker, it is important to take legal advice and find out what your rights are as soon as possible.

Duncan Lewis can offer clear legal advice on employment law at any stage of an employment matter.

Duncan Lewis also has a successful track record in advising companies and employers on employment matters and disputes, including part-time work contracts and the (Prevention of Less Favourable Treatment) Regulations 2000.

The sooner you call us, the sooner we can help with an employment claim or advise on a part-time work claim.

Duncan Lewis Employment Law Solicitors – How to contact us

Duncan Lewis has offices nationwide and in most major cities, with more than 20 offices across London and the southeast.

For expert legal advice on employment law and part-time work, call Duncan Lewis employment solicitors on 020 7923 4020.