WFH not allowed for office part-time workers

[JessicaLN]

Myself and 3 other colleagues work 3 days a week. Full time colleagues and a couple who work 4 days a week in our department have been allowed to work from home for one day a week since our return to the office after Covid. Management stated that part-timers could not WFH and an exception was made for the members of staff who work 4 days. Just wondered if anyone had any thoughts on this. Doesn't really seem fair and myself and one other part-timer were thinking of requesting one day WFH a fortnight, so one in 6 days. Percentage wise that seems fair compared to others. Colleague says as we are technically not being given the same "benefits" as full-timers it is discrimination. We thought this may be a temporary thing so didn't make a fuss at the beginning but it now seems to be a permanent arrangement. All of our jobs can be performed remotely as they were for 18 months during Covid. Any advice welcomed, thanks

It is discriminatory to treat part-time workers less favourably/differently than other staff members simply based on their hours.

So for example part-time worker should have the same training, benefits and progression opportunities as full-time workers.

If your organisation has a general written flexible working policy that allows remote working, but has now told you that they have a blanket ban on part-time workers benefiting from this policy, then there is an issue.

I would ask them for a copy of their flexible working policy, or ask them to put in writing the fact that part-time workers are excluded from home-working, and then speak to ACAS or your union if you have one.

Why don't you all put in a formal request to Wfh for the days you want? If theres no "business critical" need for you to be in the office, what would be their justification for denying it?

On the one hand, employers don’t have to allow WFH. That’s been well-established by now.

On the other, they can’t treat part-time workers less favourably so I think you have an argument here. But just be aware it may backfire and they make everyone 100% office.

Is it discriminatory if the employer has a policy that says that whatever working pattern you have, that a minimum of 3 days a week must be worked in the office? And that is applied equally to everyone?

I'm not really sure one way or the other. I can certainly see that there could be business reasons in some jobs for needing people in to cover things that can only be done in the office. I guess I'm thinking about a scenario where perhaps everyone works full time and 3 in office days are required to cover an office based task. One requests to go down to 3 days a week, and the agreement is that the business can accommodate it as long as they still cover their 3 required days in the office. It doesn't seem inherently unfair in that scenario.

There’s a difference between opinion and fact. I’m stating facts

The only "fact" here is that employers cannot discriminate against PT workers.
The OP hasn't been back to tell us what her contract says, or indeed what her workplaces rules are for WFH/going in.
I'm a woman and I despair that women taking the piss in the workplace has the effect of all women being tarred with the same brush.

It does seem that you are being unfairly treated because you are part-time. Still all they need to do is say everyone back in the office. But on the other hand they are still in the office 4 days a week. I dont think there is a lot you can do here under the circumstances.