Part-Time Employment Contract Guide
Hiring part-time staff is one of the most common moves for growing small businesses. Get the contract right from the start with our UK-specific guide.
Last updated: February 2025
Legal Protections for Part-Time Workers
The Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 ensure that part-time employees cannot be treated less favourably than comparable full-time colleagues. This covers pay rates, benefits, training opportunities, and redundancy selection.
- Part-time workers must receive the same hourly pay rate as full-time equivalents
- Benefits such as pension contributions and sick pay must be provided on a pro-rata basis
- Part-time workers cannot be excluded from training or promotion opportunities
- Redundancy selection criteria must not discriminate against part-time status
Calculating Pro-Rata Entitlements
Pro-rata calculations ensure part-time employees receive a fair proportion of entitlements. The basic formula is: full-time entitlement multiplied by the fraction of full-time hours worked. Getting this wrong is one of the most common payroll errors in small businesses.
- Holiday entitlement: 5.6 weeks applies to part-time workers but is calculated based on their working pattern
- A worker doing 3 days per week gets 16.8 days holiday (3 x 5.6), not 28 days
- Bank holidays should be handled fairly — either pro-rata or by requiring work on bank holidays that fall on non-working days
- Sick pay, maternity pay, and pension contributions all follow pro-rata principles
Key Clauses for Part-Time Contracts
Part-time contracts should specify the agreed working pattern clearly, including days of the week, start and finish times, and any flexibility requirements. This clarity prevents disputes about availability and additional hours.
- State the specific days and hours of work, not just a weekly total
- Include a clause on overtime — part-time workers are not entitled to overtime rates until they exceed full-time hours
- Address how changes to the working pattern will be managed and agreed
Key Takeaways
- Part-time workers have the legal right to be treated no less favourably than full-time colleagues on a pro-rata basis.
- Holiday entitlement must be calculated based on the actual working pattern, not simply divided from the full-time allowance.
- Clear specification of working days, hours, and overtime expectations in the contract prevents future disputes.
Frequently Asked Questions
How do I calculate holiday for someone who works irregular hours?
For irregular hours workers, the simplest method is to accrue holiday at 12.07% of hours worked each pay period. This was confirmed as acceptable by HMRC and aligns with the Working Time Regulations. Track hours carefully and accrue proportionally.
Can I pay part-time staff a lower hourly rate?
No. Under the Part-Time Workers Regulations 2000, part-time workers must receive the same hourly rate as a comparable full-time worker doing the same or broadly similar role. Paying less solely because of part-time status is unlawful.
Do part-time employees qualify for statutory sick pay?
Yes, provided they meet the earnings threshold, which is £123 per week for the 2024/25 tax year. Part-time workers who earn above this threshold qualify for SSP on the same basis as full-time employees.
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Get Started FreeThis is guidance for UK businesses, not legal advice. For complex legal matters, consult a qualified solicitor.
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