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Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Are these conditions specifically mentioned in her contract?
My partner is trying to find a copy of her contract. But from what we remember there was nothing in there that diffrentiated between full time or part-time workers, nor that a weekend hourly rate was conditional on doing a full day.
Ok a lot would depend on what is in the contract because if there was a specific clause that dealt with the requirement to work a full day to be entitled to the higher rate of pay, it could allow the employer to argue that she should not be paid that.
However, there is a more important consideration because The Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 provide protection to part time workers and specifically says that less favourable treatment which is on the ground of part-time status is unlawful unless it can be objectively justified.
So for example, paying part time workers less than full time workers would potentially be unlawful and discriminatory on grounds of their part time status. Government guidance suggests that an employer will be able to justify any such less favourable treatment only if it aims to achieve a legitimate objective, is necessary in order to achieve that objective and is an appropriate way of achieving that objective cannot see any immediate legitimate objectives for paying those who do not work a full day less than those that do so the employer may find it difficult to justify.
Assuming there was nothing in the contract that dealt with this difference in pay and that it is potentially unlawful as stated above, the employer could also struggle to request repayment of any overpayments they allege they have made.
That is what i thought, i just didnt know the act that dealt with it. I presume she can go back and quote this regultion in defence of the pay cut ?
Yes of course - the law is there to be applied, the employer cannot just ignore it
Thank you very much Ben, your time and answers are greatly appreciated
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