Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 Flashcards
What legislation governs Part Time Workers?
Under the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000, part-timers should be given equal opportunity as full-time workers, unless an employer can justify the less favourable treatment on objective grounds.
A part-time worker who is treated less favourably than a full-time worker can bring a claim regardless of gender.
What is the ‘Pro Rata Principle’?
Part-time workers are entitled to the same sick leave and pay as full-time staff.
They should also receive a proportional share of pay and benefits based on their hours worked compared to full-time workers
Who does the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 apply to?
The Regulations apply to ‘workers’.
What must the claimant use to bring a claim under the regulations?
Unlike discrimination, the claimant must use an actual comparator for a claim under the Regulations.
This must be someone:
employed by the same employer;
employed on the same type of contract;
engaged in the same or broadly similar work as the worker, having regard to, where relevant, whether they have similar levels of experience, qualifications and skills;
What case governs Comparator?
Matthews v Kent and Medway Towns Fire Authority (2006)
The House of Lords stated that one should compare the work done by part-timers and full-timers.
Just because full-timers carried out some extra tasks does not prevent the jobs being the same or broadly similar
What does the employer need to justify in order to defend a claim?
The regulations state that less favourable treatment will only be justified on objective grounds if it can be shown that the less favourable treatment:
1) is to achieve a legitimate objective, and
2) is necessary to achieve that objective, and
3) is an appropriate way to achieve the objective.
The burden of proof is on the employer to demonstrate that the less favourable treatment was for a reason unconnected with part-time status.
What should the worker do before submitting a claim?
The worker should first try to resolve the issue with their employer or trade union representative.
They can request a written statement of reasons for the treatment, and the employer must respond within 21 days.
What is the time limit for bringing a claim?
If the worker is still not satisfied, they can take their case to an employment tribunal. The claim must be lodged within three months of the incident or the last in a series of similar incidents.
What might the court award in respect of damages?
The tribunal can award compensation for loss of earnings, but not for injury to feelings.
The tribunal can also recommend actions the employer should take.
If the worker was dismissed for making a complaint, they can claim for automatically unfair dismissal.
This means they don’t need to have worked for the employer for at least two years
Why is perusing a claim under the the Equality Act 2010 more advantageous?
The Part-Time Workers Regulations provide a quick remedy for part-time workers, including men, suffering less favourable treatment which cannot be objectively justified.
Part-time workers already have protection under the Equality Act 2010 (‘EA’), In some cases, the worker may wish to rely on the Equality Act as it is likely that any financial compensation awarded under that legislation will be higher.
