Achieving the Objectives of the Part-Time Work Directive? Revisiting the Part-Time Workers Regulations

The Part-Time Work Directive contains two core objectives: removing discrimination against part-time workers and promoting the flexible organisation of working time. This article examines the extent to which these objectives have been realised in the measures taken in Britain to implement the directive. The Part-Time Workers Regulations were the primary legislative response and these provided a new right for part-time workers to protection from less favourable treatment. The broader objective of promoting flexible working was not expressly addressed within the regulations, but in the subsequent period a range of relevant legal interventions emerged. The picture that results is one of partial and incomplete implementation. The case law illustrates some of the difficulties facing litigants in enforcing equal treatment rights. Progress in promoting flexible working has yet to alter the underlying disadvantages encountered by part-time workers, namely the association of part-time work with low-pay and low-status jobs. These findings imply the need for further law and policy to respond more effectively to the directive’s objectives.