02920 829 100 
Part-time workers: Do you know their rights?
August 10, 2022
In Harpur Trust v Brazel, the Supreme Court has ruled that term-time workers (who only work for part of the year, and are therefore classed as part-time) must have their holiday pay calculated in the same way as full-time employees, even if this results in them being paid more during their holidays in practice.
This was a complex and long-running case, but it will be especially significant for employers such as childcare providers, educational organisations and businesses which use seasonal employees.
However, as well as holiday rights, part-time workers also have the right under the Part-Time Workers’ Regulations 2000 (“PTWR”) not to be treated any less favourably than full-time workers in comparable roles to them.
The way this works in practice is as follows:
Employers are only permitted to treat part-time workers differently by giving part-time workers proportional amounts of the benefits given to full-time staff. For example, for a part-time employee who works 3 days a week, an employer is entitled to pay them 60% of the salary it pays to a full-time employee in the same role – but the rate of pay must be the same.
Employers must not forget to offer part-time staff the additional benefits (such as gym memberships, bonuses, pensions, or extra holidays) they offer to full-time staff. Failing to treat staff the same in this way is likely to be a breach of the PTWR.
Part-time workers must also have the same access to training, development and promotion opportunities.
There are limited exceptions available to employers when they have a legitimate business reason to treat a part-time worker differently; otherwise, it is important to be very careful not to discriminate against part-time staff.
Many employers are unaware of these rights and fall foul of this rule, and the Harpur Trust v Brazel case is an important reminder of this. Employers should take the opportunity to audit the benefits, annual leave and opportunities they offer to their part-time staff and make sure that they are proportionally equivalent to the rights given to their full-time colleagues.
If you need any help or advice on any of the above, please contact Rachel Ford-Evans on rford-evans@darwingray.com / 02920 829 120 for a free initial chat to see how we can help you.
To speak to one of our experts today, please contact us on 02920 829 100 or by using our Contact Us form for a free initial chat to see how we can help.
