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These rights were strengthened in 2000 with the Part-time Workers Regulations which provide that if you are a part-time worker, you have the right not to be treated by your employer less favourably than comparable full-time workers in respect of:
However, this right only applies if the detrimental treatment is on the grounds of you being a part-time worker, and in some cases, your employer may be able to provide objective justification for the differential treatment. This legislation applies to all employers, regardless of the size of the business.
Part-time employees are frequently female. Depending on the facts of any particular case, it is therefore possible that there will be indirect sex discrimination if you are female and the terms and conditions of your employment are materially worse than those of full-time employees who are mostly male. You may also have a claim for equal pay if your rate of pay is lower than that of your male full-time equivalents.
If you have a claim against your employer under the Part-time Workers Regulations, length of service is not a factor.
If you are a part-time worker and you believe that you are being treated differently from your full-time counterparts, or you simply want more information about your rights, Ashby Cohen can help you. We specialise in employment law cases, and our years of experience as employment lawyers make us uniquely qualified to assist you with any part-time working issues you may have. Please contact us for an initial free consultation.
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