In defining less favourable treatment, how do I, as a part-time worker, identify a comparable full-time worker?

A comparable worker is defined as a full-time worker who is employed by the same employer and is:

  • 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.

Note: This content is provided as general background information and should not be taken as legal advice or financial advice for your particular situation. Make sure to get individual advice on your case from your union, a source on our free help page or an independent financial advisor before taking any action.

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