Part time discrimination?

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  • Les79
    Les79 Posts: 1,337 Forumite
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    Comms69 wrote: »
    And look for a new job; over £7 a month...
    Aye, that is true.


    I'm not fully sure, though, but I would imagine that an employment tribunal would (eventually) side with you for a claim of lost wages if the company were to dismiss you based on the fact that you raised the issue of discrimination here.


    So, in theory, there may not be any monetary impact.


    However, it does indeed seem like a load of hassle for such a small amount of money. Sometimes these sort of injustices happen in the world and that's what generally gives way to "martyrs".


    I would personally, at a push (if employer seems approachable), get the exact numbers and take them to the employer to query. See what they say and either leave it at that or go down the "martyr" route.
  • Michael23
    Michael23 Posts: 61 Forumite
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    edited 11 March 2019 at 3:20PM
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    Comms69, I see what you are saying.

    But the £1000 rise is strictly for one year service. The part-time worker doesn't receive the same equivalent pay proportionally for the rise as a full time worker.
  • Les79
    Les79 Posts: 1,337 Forumite
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    engineer_amy wrote: »

    Have the company given a reason for the discrepancy? I think you could struggle to claim discrimination if its not related to one of the protected characteristics.
    That's what I initially thought, but there is actually "The Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000"

    5.—(1) A part-time worker has the right not to be treated by his employer less favourably than the employer treats a comparable full-time worker—
    (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.
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    Michael23 wrote: »
    Comms69, I see what you are saying.

    But the £1000 rise is strictly for one year service.



    The £1000 rise is based upon full time working.


    Sorry but there's no way you're entitled to that. I think we've got it down to Approx £250 a year at the minute.


    (I wasn't taking tax into account so fair play by others)
  • Michael23
    Michael23 Posts: 61 Forumite
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    edited 11 March 2019 at 3:29PM
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    Thanks for clarifying everyone. Is this still discrimination though as per: The Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000"
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    Michael23 wrote: »
    Thanks for clarifying everyone. Is this still discrimination though as per: The Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000"



    Maybe; but is it worth losing your job.


    If you think that this will end up being a massive payday; it wont.
  • Michael23
    Michael23 Posts: 61 Forumite
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    Comms69 wrote: »
    Maybe; but is it worth losing your job.


    If you think that this will end up being a massive payday; it wont.

    Not at all do I think it will be a massive payday. But for my peers, some with lots of years service, this could be the equivalent of £1000 back pay.
  • nicechap
    nicechap Posts: 2,852 Forumite
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    Michael23 wrote: »
    My workplace offers a salary for a specific job starting at £16,500 rising to £17,500 after one year service (full-time position) = 37.5 Hours a week

    Full time:
    £1217 ish after tax (pre pay rise)
    £1273 ish after tax (after pay rise)

    £56 a month better

    The same job part time, £8800 rising to £9066 after one year service. = 20 Hours a week

    £8800 = £733.3 Before rise
    £9066 = £755.5 After rise

    £22.2 Better

    The pay rise as a % is larger for the full-time worker

    The difference per month is £56 - £22.2 = £33.80
    £33.80 x 12 month = £405 a year

    Is this discrimination against a part time worker?

    I make the sums slightly different (using 365 day year)

    Full time £8.43 per hour year 1, £8.95 per hour year 2.

    Part time £8.43 per hour year 1, £8.68 per hour year 2.

    So difference is 25p an hour, £5 a week or £267 a year.

    Have they made a simple mistake? A polite, "sorry if I've misunderstood things" email querying the discrepancy. I'm sure your union would be happy to ask on your behalf.
    Originally Posted by shortcrust
    "Contact the Ministry of Fairness....If sufficient evidence of unfairness is discovered you’ll get an apology, a permanent contract with backdated benefits, a ‘Let’s Make it Fair!’ tshirt and mug, and those guilty of unfairness will be sent on a Fairness Awareness course."
  • Dean000000
    Dean000000 Posts: 612 Forumite
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    im slightly puzzled by this - but could some of the discrepancy be based on holiday accruals?

    a 20 hour week doesn't split out evenly unless is 2x 10hr days, or, 4 x 5hr days, or 5 x 4hr days...


    either way, is it that part timers, pro rata, get an extra few days holiday (pro rata) than a full time member...


    Pure illustration:


    full timers get 2 days/month (24 days) so 24 days divided by 37.5hrs working week is 0.64 days, per full working week.


    And therefore, part timers get the same 0.64/day (x20) = 12.8 days a year (which is obviously rounded up to 13 (so 0.2 of a day better off) but on a larger scale...


    ill bet there is some logic in there....


    can you confirm how much holiday entitlement both jobs get?
  • TELLIT01
    TELLIT01 Posts: 16,520 Forumite
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    Michael23 wrote: »
    Thanks for clarifying everyone. Is this still discrimination though as per: The Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000"


    Possibly, but the only way to get a definitive answer is to consult with an expert in employment law and I suspect that will cost an awful lot more than the amount you think you are losing.
    Alternatively contact a No Win, No Fee company. I'm sure they'll be lining up for a share of the £100 you might get if you win your case.
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