Equal pay law and employer best practice

A pay practice that treats part-time workers less favourably than comparable full-time workers is likely to be indirectly discriminatory against women, as more women than men work part-time.

Unless an employer can objectively justify the pay differential or practice, it will be unlawful. It is unlikely that an employer could justify a different basic hourly rate for full-time and part-time workers.

In most cases where a part-time worker is paid less (pro-rata) than a full-time worker, the Part-time Workers (Prevention of Less Favourable Treatment) Regulations (NI) 2000 would also apply. These ban the less favourable treatment of part-time workers (male or female) unless it can be objectively justified.

The exclusion of part-time workers from an occupational pension scheme has been held to be indirectly discriminatory and unlawful.