The new regulations
The Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (PTWR 2000) provide a series of new rights. Under these regulations, which will come into force on 1 July, part-time workers will have the right not to be treated less favourably than comparable full-time workers in connection with contract terms, or by being subjected to any other detrimental treatment.
The right will only apply if the treatment is because the worker works part-time and if it is not justified on objective grounds. However, in the detail of the regulations, there are many traps for the unwary. Legal Week will look at the framework of the PTWR 2000 and the issues that need to be dealt with by employers.
What pay and benefits are covered?
The regulations apply to contractual sick pay, holidays, career breaks, parental leave, maternity pay and maternity leave, which must all be allowed on a pro rata basis.
Part-timers must also not be treated less favourably in connection with the service required to qualify for any benefits or the extent of any entitlement.
Part-time employees will be entitled to equal access to pension schemes. Benefits under the scheme must be on a pro rata basis.
Part-timers should not be excluded from training simply because they work part-time.
