Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000
| Jurisdiction | UK Non-devolved |
(1) These Regulations may be cited as the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 and shall come into force on 1st July 2000.(2) In these Regulations—(3) In the definition of the pro rata principle and in regulations 3 and 4 “weekly hours" means the number of hours a worker is required to work under his contract of employment in a week in which he has no absences from work and does not work any overtime or, where the number of such hours varies according to a cycle, the average number of such hours.(1) A worker is a full-time worker for the purpose of these Regulations if he is paid wholly or in part by reference to the time he works and, having regard to the custom and practice of the employer in relation to workers employed by the worker’s employer under the same type of contract, is identifiable as a full-time worker.(2) A worker is a part-time worker for the purpose of these Regulations if he is paid wholly or in part by reference to the time he works and, having regard to the custom and practice of the employer in relation to workers employed by the worker’s employer under the same type of contract, is not identifiable as a full-time worker.employees employed under a contract that is not a contract of apprenticeship;employees employed under a contract of apprenticeship;workers who are not employees;any other description of worker that it is reasonable for the employer to treat differently from other workers on the ground that workers of that description have a different type of contract.employed by the same employer under the same type of contract, andengaged in the same or broadly similar work having regard, where relevant, to whether they have a similar level of qualification, skills and experience; andthe full-time worker works or is based at the same establishment as the part-time worker or, where there is no full-time worker working or based at that establishment who satisfies the requirements of sub-paragraph (a) , works or is based at a different establishment and satisfies those requirements.was identifiable as a full-time worker in accordance with regulation 2(1) ; andfollowing a termination or variation of his contract, continues to work under a new or varied contract, whether of the same type or not, that requires him to work for a number of weekly hours that is lower than the number he was required to work immediately before the termination or variation.(2) Notwithstanding regulation 2(4) , regulation 5 shall apply to a worker to whom this regulation applies as if he were a part-time worker and as if there were a comparable full-time worker employed under the terms that applied to him immediately before the variation or termination.(3) The fact that this regulation applies to a worker does not affect any right he may have under these Regulations by virtue of regulation 2(4) .was identifiable as a full-time worker in accordance with regulation 2(1) immediately before a period of absence (whether the absence followed a termination of the worker’s contract or not) ;returns to work for the same employer within a period of less than twelve months beginning with the day on which the period of absence started;returns to the same job or to a job at the same level under a contract, whether it is a different contract or a varied contract and regardless of whether it is of the same type, under which he is required to work for a number of weekly hours that is lower than the number he was required to work immediately before the period of absence.the contract under which the returning worker was employed immediately before the period of absence; orwhere it is shown that, had the returning worker continued to work under the contract mentioned in sub-paragraph (a) a variation would have been made to its term during the period of absence, the contract mentioned in that sub-paragraph including that variation.(3) The fact that this regulation applies to a worker does not affect any right he may have under these Regulations by virtue of regulation 2(4) .as regards the terms of his contract; orby being subjected to any other detriment by any act, or deliberate failure to act, of his employer.the treatment is on the ground that the worker is a part-time worker, andthe treatment is not justified on objective grounds.(3) In determining whether a part-time worker has been treated less favourably than a comparable full-time worker the pro rata principle shall be applied unless it is inappropriate.(4) A part-time worker paid at a lower rate for overtime worked by him in a period than a comparable full-time worker is or would be paid for overtime worked by him in the same period shall not, for that reason, be regarded as treated less favourably than the comparable full-time worker where, or to the extent that, the total number of hours worked by the part-time worker in the period, including overtime, does not exceed the number of hours the comparable full-time worker is required to work in the period, disregarding absences from work and overtime.(1) If a worker who considers that his employer may have treated him in a manner which infringes a right conferred on him by regulation 5 requests in writing from his employer a written statement giving particulars of the reasons for the treatment, the worker is entitled to be provided with such a statement within twenty-one days of his request.(2) A written statement under this regulation is admissable as evidence in any proceedings under these Regulations.that the employer deliberately, and without reasonable excuse, omitted to provide a written statement, orthat the written statement is evasive or equivocal,(4) This regulation does not apply where the treatment in question consists of the dismissal of an employee, and the employee is entitled to a written statement of reasons for his dismissal under section 92 of the 1996 Act (1) An employee who is dismissed shall be regarded as unfairly dismissed for the purposes of Part X of the 1996 Act if the reason (or, if more than one, the principal reason) for the dismissal is a reason specified in paragraph (3) .(2) A worker has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer done on a ground specified in paragraph (3) .
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