Part time workers have the same statutory rights as full time workers.  Any contractual rights should also be given on an equivalent basis.  Part-time workers are protected from being treated less favourably than full-time workers simply because they are part-time. Compared with full-time workers doing similar work, part-timers workers must receive equal rates of pay, overtime pay and enhanced rates of pay.

If for any reason there is a legitimate case for different treatment then this would have to be objectively justified. Overall, the contractual terms should be no less favourable for part time workers compared to their full time colleagues.

In addition, part time workers have the same holiday entitlements as full time workers; however a pro-rata basis will be applied.  Part time workers are also entitled to the same rights regarding bonuses, access to the pension scheme, company cars, sick pay and redundancy pay.

A common and sometimes harmful mistake companies make is in redundancy situations where they reduce the number of roles without considering the retention of part time workers as they only have full time roles available.  Companies cannot select for redundancy on the basis of part time status.  It is a company’s obligation to discuss with the part time worker if they would be willing to work full time and see if there was anyone else willing to work on a part time basis to see if the number of full time equivalents can be reached.