Part-Time Workers
Employers also need to ensure that they do not treat part time workers any less favourably than full time workers who carry out the same sort of work at their establishment. The Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 have been in force since 1st July 2000 and they aim to prevent part time workers being less favourably treated in relation to contractual terms or by being subject to any other detriment. Treatment should be on a pro-rata basis (unless application of that principle would be "inappropriate") although the employer can seek to justify any differential treatment by giving a sound business reason. You will note that the Regulations apply to "Workers" rather than "Employees", which brings within the scope of the Regulations some casual workers and home workers.
Fixed Term contracts
Fixed-term employees are afforded protection by the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 which came into force on 1 October 2002. As with the Part-Time Workers Regulations (above) they aim to prevent fixed-term employees being less favourably treated than permanent employees in relation to contractual terms or by being subject to any other detriment. The Regulations apply to employees on contracts that last for a specified period of time or which will end when a specified task has been completed or when a specified event does or does not happen. Unless agreed otherwise through the conclusion of a collective or workforce agreement, the use of successive fixed-term contracts is limited to four years. This period of time may also be extended if justified on objective grounds. Unfair dismissal waivers have been invalid for some time and now so too is any redundancy waiver included in a fixed-term contract which has been agreed, extended or renewed after the coming into force of these Regulations.
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