Legal issues for part-time home workers

It is not always acknowledged that part-time workers have the same rights as full-time employees. The contribution and performance of part-time workers to companies is as valuable as that of full-time workers, and in 2000, the Part-time Workers (Prevention of Less Favourable Treatment) Regulations were introduced to ensure equality of rights for part-time workers, including those working at home. The regulations cover:

• Rate of pay – part-time workers are entitled to the same rate of pay as full-time workers.
• Promotion – part-time workers should be given the same access to opportunities for promotion.
• Reorganisation of hours – opportunities for flexible working should also be offered to part-time workers.
• Share option schemes and profit sharing – part-time workers can participate in any share option scheme or profit sharing scheme, with benefits paid on a pro rata basis. This also extends to medical cover and any other benefits routinely offered to full-time workers.
• Sick pay and maternity pay – this should be given on a pro rata basis ie entitlement is based on full-time entitlement and calculated as a percentage according to the amount of hours worked per week or month.
• Access to occupational pensions – part-time workers must be given access to a company pension scheme, otherwise the company will be guilty discrimination.
• Access to training – part-time workers should have opportunities for development and training.
• Annual leave, maternity/paternity leave – this should be given on a pro rata basis.

If, as a part-time worker, you believe that you are being treated unfairly or unequally, you have the right to request of your employer a written statement of the reasons for this. Your employer has 21 days in which to respond. If you are unsatisfied by the response and still believe that you are being discriminated against, you have the right to make a complaint to an employment tribunal. If the tribunal is satisfied by the evidence and agrees that you are being unfairly treated, it can make your company pay compensation to you.