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PT worker on different notice terms

8 replies

Tablefor4 · 05/08/2014 11:01

Hello.

I work part time in a very small company; I am the only PT worker. I have been there c 6 months.

We are all on the same standard contract. I discovered recently that my notice terms are shorter than everyone else: 6 weeks' notice rather than 3 months. I imagine that someone did it in line with pro rata'ing holiday etc (which I don't have a problem with). BUT surely this is not right? Notice periods are not rights to be pro rata'd.

Before I start using words like discrimination, I want to check whether it is or whether it is simply annoying (but legal).

Any help appreciated.

Thank you

OP posts:
flowery · 05/08/2014 11:05

Well I guess it depends whether you think having a shorter notice period is treating you less favourably or not - lots of people would not want to be tied to three months notice and would much prefer 6 weeks!

But if you would rather be on a longer notice period, query it. You shouldn't be treated less favourably because you are a part timer, so if that's the reason (rather than you started after everyone else and 6 weeks is now the new standard) and you feel it is unfavourable, you should ask for it to be changed.

Tablefor4 · 05/08/2014 11:15

Thanks Flowery. In this case I would rather have the protection of 3 months' pay. Would "less favourable treatment" be classed as discrimination? The boss sometimes needs rather blunt language..

A more recent joiner has a 3 months' notice period, so I do think that it is just me.

OP posts:
ForTheLoveOfSocks · 05/08/2014 11:17

Pt workers have the same rights as ft workers. Here is the ACAS page on it. They should not pro rate your notice period. However if your looking to leave then I wouldn't query it.

m.acas.org.uk/index.aspx?articleid=1576

Tablefor4 · 05/08/2014 11:25

Thanks Socks

OP posts:
flowery · 05/08/2014 11:27

Not discrimination as such no - part timers have specific legislation protecting them against less favourable treatment as compared to full timers, they are not a protected category under the Equality Act like disabled people, different ethnic backgrounds etc etc. It's called the Part Time Workers (Prevention of Less Favourable Treatment) Regulations if you want to get specific.

Part timers are more likely to be women so on that basis it could be indirect discrimination, depending on the makeup of the rest of the workforce, but as there is specific legislation protecting part timers I'd rely on that rather than making an argument about indirect discrimination.

But in the first instance I would just meet with your boss, say you have noticed you are on a shorter notice period than everyone else, and was wondering why that is, and could you please have the same as everyone else. Depending on his/her reaction, you could then start talking about less favourable treatment as a part timer.

Tablefor4 · 05/08/2014 11:41

Thanks Flowery. That was going to be my approach. More bees with honey etc

OP posts:
Chunderella · 05/08/2014 17:41

This reply has been deleted

Message withdrawn at poster's request.

Tablefor4 · 06/08/2014 20:38

Hi Chunderella. No, a later joiner than me has a 3 month period, and probation has a different set of conditions.

Thanks all, much appreciated.

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