390 Chapter 14Employment (2): Discrimination and health and safety
(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 Regulation applies only if the unfavourable treatment of the part-time worker was on
the grounds that he is a part-time worker. These rights conferred do not apply if the treatment
is justified by the employer on objective grounds. The pro rataprinciple is used to assess
whether or not a part-time worker has been treated less favourably. Under this principle a
part-time worker should receive the appropriate proportion of pay and other benefits
enjoyed by a full-time worker with whom he compares himself. These benefits include sick
pay, maternity pay, access to pension schemes, training, career breaks and holiday entitlement.
A part-timer is not entitled to overtime rates until working longer than full-time hours.
Regulation 6 entitles a part-time worker who is being treated less favourably to a written
statement which explains why this is happening. If a worker is dismissed for bringing pro-
ceedings under the Regulations, this is automatically unfair dismissal. Complaints under
the Regulations are made, in the usual way, to the employment tribunal. The tribunal can
declare the claimant’s rights, order the payment of damages or recommend that action be
taken to get rid of or reduce the discrimination within a certain time. However, the employee
has a duty to mitigate any loss and damages cannot be awarded in respect of injured feel-
ings. Figure 14.2 shows the effect in outline of the Part-time Workers Regulations 2000.Figure 14.2The Part-Time Workers Regulations 2000