In the current working environment, there has been a growing demand for hybrid ways of working along with other kinds of atypical working.  However, it is worth remembering that there have been different methods of working – for example in the form of part-time workers – for a long time.  It is worth revisiting some of the issues which arise in respect of dealing with part-time employees and their contracts.

Who is a part-time employee? ⚓︎

Part-time workers are protected by the Protection of Employees (Part-Time Work) Act, 2001 (the “Act”) which came into force in 2001.  The Act was brought in pursuant to an EU Directive on part-time work.  The Act defines a part-time employee as “an employee whose normal hours of work are less than the normal hours of work of an employee who is a comparable employee in relation to him or her”.

A comparable full-time worker would be an employee who works with the same employer as the part-time employee and either does the same work as the part-time employee (under the same or similar conditions) or is interchangeable with the part-time employee or does work of equal value.

While the Act is applicable to all part time workers, it does make a distinction between casual and non-casual part-time workers. The former being part-time workers who have less than 13 weeks continuous service and are not regularly or seasonally employed.

What protection do part-time employees have? ⚓︎

Part of the purpose of the Act, following the Directive, was to provide those part-time employees cannot be treated less favourably than a comparable full-time employee in respect of conditions of employment.  Conditions of employment includes things like remuneration, pensions, sick pay, healthcare etc.

This the Act states that an employer cannot treat its employees less favourably purely because they work part-time unless the treatment can be objectively justified.  In relation to pension schemes or arrangements the Act also provides that the prohibition of less favourable treatment does not apply to a part-time employee whose normal hours of work constitutes less than 20 per cent of the normal hours of work of a comparable full time employee.

An objective ground would be one where the circumstances are related to factors other those relevant to the part-time status of the employee.

Such employees also have right not to be penalised and rights under the unfair dismissals’ legislation.

Are there any extra provisions which should be in a part-time employee’s employment contract? ⚓︎

It is not necessarily the case that you would want or need additional clauses in a contract the way an employer might if the employee was, for example, employed under a fixed-term contract.  However, there are certain clauses which will need to be adapted to a part-time employee.

For instance, it might be fairly obvious that the hours in the contract of employment should refer to the employee’s actual hours rather than the standard full-time hours.  Obviously, this should be reflected in the employee’s salary clause and it needs to be clear that this is based on the part-time hours, for instance with wording like “The Employee’s salary is €XX per year (calculated on a pro rata basis by reference to a full-time equivalent of €XX)”.

Employers will also need to remember to make the annual leave clause reflect the fact that the holidays will be pro-rated based on their hours of work as well.  This will have a knock-on effect on public holidays that an employee will be entitled to where they are employed part-time.

Generally speaking, however, a part-time employee’s contract should not be markedly different from that of a full-time employee as this could potentially lead to complaints that a part-time employee was being treated less favourably than a full-time employee.

Can an employee ask to work part-time instead of full-time? ⚓︎

There is no statutory right to work on a part-time basis, but an employee can still make such a request.  There is a Workplace Relations Commission ‘Code of Practice on Access to Part-Time Work’ provides best practice for employers and provides that employers should have a procedure in place for dealing with such requests, which should involve the employee and have a level of consultation.  Employers should also take certain factors into account, for instance, the reason for your request and personal family requirements; the impact this would have on the employer’s business; the number of part-time employees; and any relevant policy with the employer may have along with staffing requirements.