Q&As

What potential claims may be available to a part-time employee when their application for voluntary redundancy is not accepted, but a full-time colleague's application is accepted?

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Published on LexisPSL on 28/10/2020

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • What potential claims may be available to a part-time employee when their application for voluntary redundancy is not accepted, but a full-time colleague's application is accepted?
  • Voluntary redundancy
  • Part-time workers/discrimination issues

What potential claims may be available to a part-time employee when their application for voluntary redundancy is not accepted, but a full-time colleague's application is accepted?

Voluntary redundancy

As a matter of good practice, an employer should always consider ways of avoiding compulsory redundancy. One of the ways in which this can be done is by seeking applicants for voluntary redundancy, or severance.

For further information, see:

  1. Practice Note: Redundancy—fair procedure: individual consultation in particular the section entitled: Consider ways of avoiding redundancy

  2. Redundancy—individual consultation checklist for employers

  3. Precedent: Letter—Redundancy (2) request for volunteers for redundancy (individual consultation)

The employer should ensure that selection for redundancy, and for volunteers for redundancy, does not amount to:

  1. indirect discrimination (or any other form of prohibited conduct under the Equality Act 2010 (EqA 2010)), or

  2. any other form of less favourable treatment, eg of part-time workers

For further information, see Practice Note: Redundancy policies, in particular the section entitled: Measures to avoid or minimise redundancy.

Part-time workers/discrimination issues

A part-time worker has the right not to be treated less favourably than a comparable full-time worker in relation to certain employment-related matters under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000, SI 2000/1551.

They also have the right to request from their employer a written statement giving reasons for any less favourable treatment to which they have been subjected.

For further information, see Practice Note:

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