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Part-Time Workers

The Part-time Workers Regulations 2000 proves the problem of trying to establish ‘parity’ of work:

 
  • The case 12,000 ‘retained’ (part-time) fire-fighters claimed the right to work under comparable terms and conditions to full-timers, including, and especially, being part of the Fireman’s Pension Scheme
  • The part-time workers regulations – part-timers and full-timers are comparable when both are a) employed under the same type of contract, and b) engaged in broadly similar work
  • The caveats – the problem comes in defining the same type of contract and broadly similar work
  • The ruling – the EAT ruled that the part-time fire-fighters could not claim parity with their full-time colleagues as their contract and work activities differed too much, including their
    • Pay structures and shift patterns
    • Proportion of time spent on attending fires
    • Training procedures

Acorn's tip: to avoid claims for ‘pro rata’, be able to prove part-timers do different work.

For more information view www.dti.gov.uk

 

 

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