Working Part-Time
The Part-time Workers (Protection of Less Favourable Treatment) Regulations 2000 provide that part-time workers are entitled to equal treatment with their full time colleagues.
An employer risks inviting a claim if a part-time employee receives less favourable treatment than full time workers.
There is now a right for certain employees to request part-time or flexible working hours. This right will be available to an employee if they are a parent (including if they have adopted a child), guardian or foster parent or if they are married to or are the partner of a child’s parent, a guardian or foster parent. The employee must have been in continuous employment with the same employer for a period of not less than 26 weeks. They must also have responsibility for the upbringing of the child and the child must be under the age of 6 or if the child is disabled the relevant age is 18.
This is a right to request flexible working. You are not required to automatically accept the request but must show that proper consideration has been given. There has to be a sound and justifiable business case if you refuse this type of request.
The grounds for rejecting a request include:-
- the burden of additional costs
- a detrimental effect on the ability to meet customer demand
- an inability to reorganise work amongst existing staff
- an inability to recruit additional staff
- a detrimental impact on quality
- a detrimental impact on performance
- insufficiency of work during periods when you propose to work
- planned structural changes
An employee’s request for a change in working hours must be specifically in order to assist in caring for a child.
If a request is made you must hold a meeting to discuss the application with the employee within 28 days. You must then give notice of the decision in writing within 14 days of the meeting. If you decide to refuse the application you must state the grounds for refusal. An employee is entitled to lodge an appeal.
If an employee is dismissed for making a request they may have a claim for unfair dismissal.
The above information is not intended to be a complete or definitive statement of the law. For more information or advice please contact our Employment Law team.
