Part time and fixed-term workers
[ch 3: pages 36-37]Anyone defined as a part-time worker has the right to be treated no less favourably than a comparable full-time worker under the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (PTWR). The regulations derive from EU law, implementing the European Directive on Part-time Work (97/81/EC).
Part-time workers are entitled to the same sick leave and pay entitlements as their full time colleagues. This includes both contractual and statutory sick leave and pay entitlements, worked out on a pro-rata basis.
Employees on fixed-term contracts (also known as temporary employees) are entitled to equivalent rights and treatment, including under sickness absence management policies, as permanent employees, under the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 (FTER).
However, in this case each particular term (the regulations cover all contractual terms) does not have to be the same as for a permanent employee, as long as the overall employment package is no less favourable. If any contractual terms rely on length of service (as entitlements to sick pay often do), fixed-term employees will be required to meet the qualifying period in the same way as permanent staff.