Part-time workers

A part-time worker is one who is not contracted to work full-time. More and more employees are opting to work part-time. Whether you were taken on as a part-time member of staff, or have changed your working pattern due to childcare commitments, the law protects part-time workers - you should be treated in the same way as comparable full-time colleagues. In Mulberry Finch’s experience, this is not always the case.

If you need advice on your rights as a part-time worker and whether they are being infringed, we can help you.

Part-time workers are protected from being disadvantaged at work. However, we see many cases where part-time workers are unfairly treated and suffer a detriment, such as being overlooked for promotion, denied training opportunities or not receiving the same rate of pay as their full-time colleagues. Part-time workers should receive the same benefits as full-time workers on a pro rata basis, where appropriate. Distinguishing between genuine disadvantages and the employer’s ability to objectively justify the difference in treatment is not easy.

If you feel that you have been treated less favourably because of your part-time status, there are steps you can take with your employer to resolve or clarify your situation.

Should your circumstances change - for example you have a baby or you’re recovering from an illness - there is no right to work part-time. Employees who have parental responsibilities can request a more flexible way of working such as a job share, working only mornings or only in term-time. This is referred to as flexible working. As the majority of part-time workers or those wanting to work flexibly are women, any less favourable treatment, or an unjustified refusal, may constitute indirect sex discrimination.

If any of the above sound familiar, you may have been unfairly treated because of your part-time status. We can advise you on resolving the issue amicably or, should it prove necessary, by making a claim to the employment tribunal.