|
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.
|
