Rights of part timers not to be discriminated against

The Part time Workers Regulations 2000 (PTW Regs) give part-timers the right not to be treated less favourably than full-timers, unless such treatment can be justified on objective grounds. For example a part-timer must not be paid less than a full-timer pro rata, or be excluded from a pension scheme or from training. If you change from working full-time to part-time, you must not be treated less favourably than when you were full-time. However, it is important to note that the Regulations do not require an employer to allow flexible working.

Apart from rights under the PTW Regs, flexible workers may be entitled to claim under the Equal Pay Act 1970 and/or the Sex Discrimination Act 1975 if they do not receive equal pay and benefits to those who are working standard hours (such as fulltime). For example if they miss out under a bonus scheme or do not receive the same rights to work-related benefits such as health insurance, this may be discrimination or a breach of the Equal Pay Act. It may, however, be lawful for employers to pay a bonus for night time working even though this might disadvantage women who cannot work at night for childcare reasons.  The question is whether the employer can show that such payments are justified. Equal pay is a complex area and you should seek legal advice if you think you may have a claim.