EMPLOYMENT CASE LAW - Part-time working arrangements & considerations
There is no statutory entitlement to part-time work, however the Protection of Employees (Part-Time Work) Act 2001 is in place to ensure part-time workers are not treated less favourably than their full time counterparts. Although an Organisation is not obliged to provide access to part-time work they are required to consider any requests for part time work received. However, there is no statutory entitlement for Employees to be provided with the option of part-time work arrangements.
The Protection of Employees (Part-Time Work) Act 2001 - provides that part-time Employees are not treated in a less favourable manner than a comparable full-time Employee unless there are objective reasons for such treatment. An Employee is considered to work part-time when they work fewer hours than a comparable full-time Employee in their Organisation. The Act prohibits the treatment of part-time workers in a less favourable manner than comparable full time Employees unless there are objective grounds for doing so.
The Act also allows for Employers to pro-rata any benefits due to part-time Employees, if the benefit is determined solely on the basis of the number of hours worked by an Employee. An objective ground must be based on considerations other than the status of the Employee as a part-time worker, and the less favourable treatment applied to the Employee is for the purpose of achieving a legitimate objective, and such treatment is necessary for that purpose.
The Labour Relations Commission “Code of Practice on Access to Part-Time Working” provides that:
Part-time work arrangements can be difficult to administer and Employers are often concerned with establishing precedent by permitting such an arrangement. There are, however, several compelling reasons for granting part-time work arrangements, which may include:
It is advisable that Organisations implement a part-time work policy to outline the approach to dealing with requests for part-time work arrangements. Organisations should be aware of the Employment Equality Acts which prevent discrimination on nine protected grounds. The policy should not exclude any Employee covered under these grounds. Organisations need to be careful in treating Employees of different levels differently and should have objective reasons for doing so. Roles suitable for part-time working should be identified when implementing a policy.
It is important that Employers are consistent in their approach to dealing with requests for part-time work. They need to consider the business implications of allowing it, and they should also consider the implications and risks involved in not granting it. Organisations should also consider the implications on other Employees if part-time work arrangements were granted and the recruitment and training costs of a replacement, if necessary.
In considering an application for part-time working, both the Employer and Employee should take account of all factors including those which are relevant to the Organisation and personal to the applicant. Relevant factors may include:
It is recommended that Organisations review training arrangements, performance appraisal and promotion and career development policies to ensure there are no barriers to the progression of part-time Employees in the Organisation.
The Protection of Employees (Part-Time Work) Act 2001 - provides that part-time Employees are not treated in a less favourable manner than a comparable full-time Employee unless there are objective reasons for such treatment. An Employee is considered to work part-time when they work fewer hours than a comparable full-time Employee in their Organisation. The Act prohibits the treatment of part-time workers in a less favourable manner than comparable full time Employees unless there are objective grounds for doing so.
The Act also allows for Employers to pro-rata any benefits due to part-time Employees, if the benefit is determined solely on the basis of the number of hours worked by an Employee. An objective ground must be based on considerations other than the status of the Employee as a part-time worker, and the less favourable treatment applied to the Employee is for the purpose of achieving a legitimate objective, and such treatment is necessary for that purpose.
The Labour Relations Commission “Code of Practice on Access to Part-Time Working” provides that:
- Access to part-time work should, as far as possible, be available across different levels in the Organisation;
- As far as possible, Employers should give consideration to
- Requests by Employees to transfer from full-time to part-time work;
- Requests by Employees to transfer from part-time to full-time work or to increase their working time should the opportunity arise. - An Employee moving to part-time work should suffer no diminution of status or employment rights generally, with the exception of pay, benefits as appropriate, etc (unless there are objective grounds);
- The pro-rata principle should apply where appropriate.
Part-time work arrangements can be difficult to administer and Employers are often concerned with establishing precedent by permitting such an arrangement. There are, however, several compelling reasons for granting part-time work arrangements, which may include:
- Retention of Employees with strong knowledge base
- Reduced recruitment and training costs
- Increased loyalty from Employees availing of arrangement
- Can reduce costs if the decreased hours are not covered by additional staff
- More flexibility in terms of opening hours or customer service
- Can increase morale as Employer is considered to value work-life balance.
It is advisable that Organisations implement a part-time work policy to outline the approach to dealing with requests for part-time work arrangements. Organisations should be aware of the Employment Equality Acts which prevent discrimination on nine protected grounds. The policy should not exclude any Employee covered under these grounds. Organisations need to be careful in treating Employees of different levels differently and should have objective reasons for doing so. Roles suitable for part-time working should be identified when implementing a policy.
It is important that Employers are consistent in their approach to dealing with requests for part-time work. They need to consider the business implications of allowing it, and they should also consider the implications and risks involved in not granting it. Organisations should also consider the implications on other Employees if part-time work arrangements were granted and the recruitment and training costs of a replacement, if necessary.
In considering an application for part-time working, both the Employer and Employee should take account of all factors including those which are relevant to the Organisation and personal to the applicant. Relevant factors may include:
- Personal and family needs of the applicant;
- Number of Employees already availing of part-time work;
- A review of how the proposed part-time hours will fit with the tasks of the role and how these tasks will be performed during the period of part-time work;
- Potential implications for the applicant’s conditions of employment;
- Impact, if any, on the staffing needs of the Organisation;
- Procedure for reviewing the arrangement.
It is recommended that Organisations review training arrangements, performance appraisal and promotion and career development policies to ensure there are no barriers to the progression of part-time Employees in the Organisation.
