Part-time workers have the legal right not to be treated less favourably than a comparable full-time employee simply because they work fewer hours, with pay, holiday and other benefits generally applied on a pro rata basis. This guide explains those rights for 2026/27.
The Right to Equal (Pro Rata) Treatment
Part-time workers have the right not to be treated less favourably than a comparable full-time worker doing broadly the same job for the same employer, purely because they work part-time, unless the employer can objectively justify the difference for a genuine business reason.
In practice this means pay rates, access to training, bonuses, and other contractual benefits should generally be provided on a pro rata basis reflecting the proportion of full-time hours actually worked, rather than a part-time worker being excluded from a benefit altogether or paid a lower hourly rate simply for working fewer hours.
Holiday and Pension Entitlement
Statutory holiday entitlement is calculated pro rata based on hours or days worked, so a part-time worker builds up a proportionate amount of paid holiday compared with a full-time worker doing the same role, rather than automatically receiving the full standard entitlement designed for a full-time pattern.
Workplace pension auto-enrolment rules apply based on age and qualifying earnings rather than full-time or part-time status directly, so many part-time workers are still automatically enrolled if their earnings from that job meet the qualifying threshold.
Challenging Less Favourable Treatment
If you believe you are being treated less favourably purely because you work part-time — for example excluded from a bonus scheme available to full-time colleagues doing the same work, or paid a lower pro rata hourly rate — raise this with your employer first, referencing a genuine full-time comparator doing similar work where possible.
If the issue cannot be resolved informally, part-time workers can bring a claim to an Employment Tribunal under the specific regulations protecting part-time workers from less favourable treatment, in addition to any other relevant claims such as indirect sex discrimination, which can sometimes overlap with part-time treatment issues.
Frequently Asked Questions
Can my employer pay me a lower hourly rate just because I work part-time?
No, not simply because you work part-time — you are entitled to the same hourly rate as a comparable full-time worker doing broadly the same job, unless your employer can objectively justify a genuine difference for a specific business reason unrelated to your part-time status.
Do part-time workers get less holiday than full-time workers?
Part-time workers get holiday calculated pro rata based on the hours or days they actually work, so the total number of days will typically be lower than a full-time worker’s, but the underlying entitlement rate (proportionate to hours worked) should be equivalent, not reduced further.
Can I be excluded from a bonus scheme because I am part-time?
Generally no — if a comparable full-time employee doing similar work is eligible for a bonus scheme, a part-time worker should usually also be included, typically on a pro rata basis, unless there is a genuine, objectively justified business reason for excluding them.
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Am I automatically enrolled in a workplace pension if I work part-time?
It depends on your age and how much you earn from that job, not directly on whether you work part-time or full-time — if your qualifying earnings from the role meet the relevant threshold and you meet the age criteria, you should generally be automatically enrolled in the same way as a full-time colleague.
What can I do if I think I am being treated unfairly because I am part-time?
Raise it with your employer first, ideally identifying a genuine full-time comparator doing similar work, and if it is not resolved, you can bring a claim to an Employment Tribunal under the regulations specifically protecting part-time workers from less favourable treatment.
Does moving from full-time to part-time affect my existing employment rights?
Generally your continuity of employment and accrued rights, such as length of service for redundancy or notice purposes, are not lost simply by reducing your hours to part-time, though ongoing entitlements like holiday and pay are recalculated pro rata going forward based on your new hours.
Do part-time workers get Statutory Sick Pay (SSP)?
Yes — part-time workers qualify for SSP on the same basis as full-time employees, provided their average weekly earnings meet the Lower Earnings Limit (£129 a week in 2026/27); SSP itself is paid at a flat weekly rate (£123.25 in 2026/27) rather than being reduced pro rata for part-time hours.
Can my employer select me for redundancy just because I work part-time?
No — using part-time status itself as a selection criterion, or applying a scoring system that indirectly disadvantages part-time workers as a group, can amount to unlawful less favourable treatment and, in many cases, indirect sex discrimination, since a majority of part-time workers are women.
Do I get paid overtime rates as a part-time worker?
Not necessarily for every extra hour worked — a part-time worker is generally only entitled to the same enhanced overtime rate as a comparable full-time worker once they have worked beyond the normal full-time hours for that role, though this depends on your contract and should still be applied without less favourable treatment compared with full-time colleagues.
Can I ask my employer for a permanent contract with fixed hours if I am on a part-time or casual arrangement?
Yes — eligible workers can make a statutory request for a more predictable working pattern, such as fixed hours or a guaranteed minimum, after a qualifying period of service, and the employer must respond within a set timeframe and can only refuse for specific, defined business reasons.
Disclaimer: This guide reflects UK rules as they generally apply in 2026/27. This guide is for general information only and is not professional advice. Consult a qualified adviser and refer to gov.uk for current official guidance before relying on any treatment.
