Part-time work regulations 2000: requesting a written statement from your employer

Since 1 July 2000, part-time workers have had the right to be treated no less favourably than comparable workers on full-time contracts. A comparator is someone employed by the same employer, on the same type of contract who is engaged in the same or broadly similar work having regard, where relevant, to whether they have a similar level of qualification, skills and experience. The search for a comparator does not have to be limited to an employee with the same job title or on the same salary scale, but will have to satisfy the requirement of a similar level of qualifications, skills, experience and the nature of the work role. The Regulations have been amended since their initial commencement such that workers on fixed-term and permanent contracts are no longer regarded as being on different types of contract. Therefore, the Regulations DO NOT now prevent a part-time fixed-term member of staff comparing themselves with full-time permanent member of staff or vice-versa.

The right relates to all terms and conditions including pay and pensions as well as training opportunities. It does not only apply to contractual terms and conditions, but to any benefit offered to employees.

If a part-time worker believes he/she has identified a difference in treatment compared to a full-time employee, he or she has the right to request a written statement from their employer giving reasons for the difference in treatment. An employer must provide the statement within 21 days of the request. [Regulation 6]

In the event of a case progressing to an employment tribunal, this statement may be used in evidence. The failure or refusal to provide a statement without a reasonable excuse, or an evasive or equivocal statement, can be used by the tribunal when determining whether there has been an infringement of the worker's rights.

If you think you have identified less favourable treatment than a comparable permanent employee(s), you may wish to consider requesting a written statement of the reasons for the difference in treatment. A model letter is provided for this purpose. Before submitting the request, please seek advice from your UCU representative.

Model '21 Day' letter - Request for written statement

Please ensure you have read the appropriate guidance and involved your local UCU representative before submitting this request.

You can also download this text here: Part-time work regulation 6 – model letter [197kb]

To [The Director of Personnel/ Human Resources for your employer

Including full address]

From [Your full name, job title and workplace address]

Date [.........]

Part-time Workers [Prevention of Less Favourable Treatment] Regulations 2000

I believe I am being treated less favourably than a comparable full-time worker and that this infringes my right under Regulation 5 of the above Regulations not to be treated less favourably than a comparable full-time worker. I believe the difference in treatment to be:

[detail difference in treatment - this may relate to one or more issues]

I am formally writing to request from my employer [....................] a written statement giving particulars of the reasons for the less favourable treatment as detailed above.

I would be grateful of you would provide the statement to me within the statutory 21 days defined in Regulation 6.

Yours sincerely

[...........]

cc [The UCU officer dealing with your case]