David Royden is a Partner with Laytons Solicitors and Head of Employment Law, Manchester, UK

Laytons Solicitors is a national law practice specialising in all aspects of Company and Commercial Law

Laytons Solicitors, 22 St John Street, Manchester M3 4EB.
Tel: +44 (0) 161 834 2100
Fax: +44 (0) 161 834 6862

Offices at London, Manchester and Guildford, UK


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Dismissal relating to the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000

Broadly, the aim of the Regulations, which came into force on 1 July 2000, is to ensure that part-time workers are treated no less favourably in their working conditions than comparable full-timers, unless the less favourable treatment is justified on objective grounds. Part-time workers who believe that they have been treated in a manner which infringes the Regulations have the right to make a request in writing to receive, within twenty-one days, a written statement from their employer giving the reasons for the treatment.

Employees will be held to be unfairly dismissed (or selected for redundancy), regardless of age or length of service, if the reason, or the main reason, for the dismissal is that:

  • they exercised or sought to enforce rights under the Regulations, refused to forgo them or alleged that the employer had infringed them; requested a written statement; or that
  • they gave evidence or information in connection with proceedings brought by an employee under the Regulations; or that
  • the employer believed the employee intended to do any of these things.

While only employees can complain of unfair dismissal, workers who are not employees can complain to an employment tribunal that they have suffered a detriment if their contracts are terminated for any of these reasons, compensation being awarded on the same basis as for unfair dismissal. Both employees and workers who are not employees are also protected from detrimental treatment for these reasons which fall short of dismissal or termination of contract.

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