Top 5 frequently asked questions about part time and full time employment contracts

1. How many hours per week constitute part-time or full-time employment?

A part-time worker is someone who works fewer hours than a full-time worker. There is no specific number of hours that makes someone a full-time or part-time worker, but a full-time worker will generally work 35 hours or more a week.

For part-time employment contracts, the agreed amount of hours required to work each week needs to be agreed upon and clearly set out in the contract.

2. Are part-time employees entitled to the same benefits as full-time employees?

Under UK employment law, part-time workers are protected from being treated less favourably than equivalent full-time workers just because they’re being engaged or employed on a part-time basis.

Part-time employees should get the same treatment as their full-time ‘comparator’ in respect of:

• pay rates (including sick pay, maternity, paternity and adoption leave and pay);

• pension opportunities and benefits;

• holiday entitlement;

• training and career development;

• selection for promotion and transfer, or for redundancy;

• opportunities for career breaks.

However, some benefits will be applied ‘pro rata’ (in proportion to hours worked by the relevant employee). For example, if a full-time employee gets a £2,000 end of year bonus, and a part-time employee works half the number of hours as the full-time employee, they would be given £1,000.

A ‘comparator’ is someone who works full-time for the same employer and is on the same type of contract as the part-time employee or worker. The comparator must do the same or similar work as the part-time employee or worker.

3. Are there any situations where part-time employees can be treated differently to full-time employees?

There are some situations when employers do not have to treat part-time employees in the same way as full-time employees (e.g. providing additional benefits such as health insurance). In these situations the employer must be able to show there is a good reason to treat the part-time employees differently - this is called ‘objective justification’.

Some businesses choose to offer overtime pay to employees for working more hours than the employment contract says. Part-time employees and workers are not entitled by law to get overtime pay until they've worked more than the normal hours of a full-time worker, but an employer may choose to offer overtime to part-time employees via their part-time employment contract.

4. What are the main differences between part-time employment contracts and full-time employment contracts?

As UK employment law requires employers to treat part-time employees as favourably as full-time employees, the terms of a part-time employment contract will be broadly the same as a full-time employment contract, so that the employee is afforded the same rights.

The main difference is that a part-time employment contract will specify the part-time hours and pro-rata pay the employee is entitled to for working those hours.

5. How can I draft a part-time employment contract or full-time employment contract?

Docue’s employment contract template includes the option to be used with either full-time or part-time employees. Simply select the option that applies and the terms of the contract will automatically update to reflect the employment status, so that you have a tailored part-time employment contract or full-time employment contract to suit your needs.

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