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In defining less favourable treatment, how do I, as a part-time worker, identify a comparable full-time worker?
- employed under the same type of contract as you are; and
- engaged in broadly similar work, taking into account the level of skills, experience and qualifications, where this has a relevance.
You must be able to point to a real life full-time comparator, not a hypothetical one. This is probably the main weakness of the legislation.
If you used to be full-time but you reduce your hours to part-time, you can compare your new part-time terms and conditions with those you had when you worked full-time. A good example would be where you decide to cut your hours from full-time to part-time, for example through a job share, on returning from maternity leave.