The basic provision of the regulations (Part-time workers Regulations 2000 reg 5(2)). provides that:

"A part-time worker has the right not to be treated by his employer less favourably than the employer treats a comparable full-time worker -

(a) as regards the terms of his contract; or
(b) by being subjected to any other detriment by any act, or deliberate failure to act, of his employer"

This is subject to the important qualification that this right "applies only if -

(a) the treatment is on the ground that the worker is a part-time worker, and
(b) the treatment is not justified on objective grounds".

A major change between the January 2000 draft regulations and the final version is reflected in the change of name from "Part-time EMPLOYEES (Prevention of Less Favourable Treatment) Regulations 2000" to "Part-time WORKERS (Prevention of Less Favourable Treatment) Regulations 2000". This change follows representations from the TUC and others to the effect that by excluding workers who were not within the normal definition of employee (notably home workers) the original draft regulations were slanted to minimise the benefit for workers and failed properly to transpose the EU directive into UK law.

On the other hand, the Secretary of State said that "the regulations will be introduced with a light touch by ensuring that comparisons can only be made between part-time and full-time workers with the same type of contract" (see 2000/05/03 - DTI Press Release P/2000/305). This is a roundabout way of saying that if there is no comparator, the regulations will not be relevant (see Part-time workers Regulations 2000 reg 2(4) for definition of a comparable full-time worker).

Tidying up provisions added with effect from May 1st 2001 provide for ACAS to conciliate in disputes arising under the 2000 regulations (see Conciliation officers/functions of ) and for compromise agreements to be legally valid in relation to settlement of disputes (The Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2001, SI 2001/1107).

Further tidying up provisions were added with effect from 1st October 2002 to remove the distinction between fixed-term and permanent contracts for the purpose of ascertaining what are different types of part time contract (see the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (Amendment) Regulations 2002, SI 2002/2035 inserting a new Part-time workers Regulations 2000 reg 2(3). This change is consequential on the new general regime covering fixed term employment contracts which start on that date (see Fixed term contracts/2002 regulations ).

The 2002 regulations also remove the previous provision limiting the amount of compensation employment tribunals can award in cases involving the rights of part-time employees to pensions from company pension schemes. The two year back-dating limit to compensation which had existed for some time was held to amount to unalwful indirect sex discrimination by the ECJ and the House of Lords and so it had to go (see notes at Part-time workers/pensions/back-dating time lmits ).

go to next updated reference in this note.

The regulations provide that it is automatically unfair dismissal if an employee is dismissed for asserting his rights under those regulations (Part-time workers Regulations 2000 reg 7 and see notes at Unfair dismissal/automatically unfair dismissals/assertion of statutory rights ).

There are useful notes, including "Frequently Asked Questions" on a DTI part-time work web-site.

For main general notes in this program see Part-time workers generally and especially the notes at Part-time workers/EC part-time work directive . See also Maternity/maternity leave/part-time work or job share .