Part Time Employment Contract (E104)

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Who can use this Part Time Employment Contract ?

Any business employing staff can use it when they take on part-time staff

What is a part-time employment contract for?

It sets out the contract terms between the employer and employee in plain English. It also meets the requirement of the law with regard to employment contracts.

What detailed terms does this Part Time Employment Contract contain?

  • appointment, commencement, duties and place of work
  • hours of work
  • remuneration, bonus scheme and expenses
  • holidays
  • absence due to illness
  • pension scheme
  • termination
  • confidentiality
  • entitlement to work produced and inventions
  • data protection
  • non-solicitation
  • smoking
  • dress code
  • changes to the terms and conditions of employment
  • a general clause referring the signatory to the Company’s grievance procedure, disciplinary procedure, code of conduct, data protection policy and other documents

For more information on each of these paragraphs, see our Explanatory Notes below which you will also receive when you download the document from our website.

For information on signing documents see our Contract Signing page

When I download the document, can I change it and/or use it more than once?

Yes. You can buy it once and use it for each part-time employee that you engage.  All ContractStore’s templates are in MS Word.  As well as filling in the details – names and addresses of the parties, job description etc., – you can change it if you need some special terms.

For more information watch the video on this page of our website or see our FAQs

Legal assistance.

ContractStore supplies templates and is not a law firm.  But all our templates are written by experienced lawyers.  So, we can arrange legal assistance for customers who need special terms in one of our documents or a bespoke template. . For more information see our Legal Services page.

 And if you want to contact us see our Contacts page

 

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Explanatory Notes

E104 CONTRACT OF EMPLOYMENT FOR THOSE WORKING PART TIME HOURS
EXPLANATORY NOTES

Please note that these Explanatory Notes are for guidance only and do not form part of the contract

PART TIME WORKING

The Part Time Hours Workers Regulations July 2000 ensures that part time workers will be treated no less favourably than full time workers. The regulations cover all aspects of employment and therefore all benefits should be pro rata and the same as those applied to full time workers.  For example:

  • receive the same hourly rate as comparable full-timers;
  • receive the same hourly rate of over-time as comparable full-timers, once they have worked more than the normal full-time hours;
  • not be excluded from training simply because they work part-time; and,
  • have the same entitlements to annual leave and maternity/parental leave on a pro-rata basis as full-time colleagues.
  • have the same access to pension schemes and pension scheme benefits.

All entitlements should be pro rated by dividing the annual entitlement by the basic full time working hours per week and then multiplying by the part time hours.

Any rounding which occurs should be to the individual’s benefit.

GENERAL

Page 1 contains a covering letter to send with the terms and conditions of employment.

A duplicate of the contract (signed by employer) should be sent to the prospective employee for their records and to allow them to sign and return one copy to you to be retained. This will act as proof that the employee has accepted the terms and conditions of the contract

The contract can be issued to an employee after they have joined as long as it is not later than 8 weeks after the employment began.

It is important that you review the contract to ensure that it is applicable to your business requirements.

As will be seen, there are numerous details that need to be completed in the Terms and Conditions. Also there are a number of alternative clauses that need to be considered, with the inappropriate wording deleted.  Guidance is given below as to some clauses that you may wish to amend or review.

It is important to ensure that all employees are treated equally and that no direct or indirect discrimination takes place by including clauses for some categories of staff and excluding them for others.

NOTES ON SPECIFIC CLAUSES

1. APPOINTMENT, COMMENCEMENT, DUTIES AND PLACE OF WORK

1.1     The employer needs to specify the commencement date of the contract.

1.3     If there is unlikely to be a requirement to travel abroad, state as such

1.5     The length of a probationary period can be varied. During the probationary period the employee should receive objective feedback about their performance and the feedback should be documented. This should include the setting of specific targets for improvement if appropriate. The probationary period should not be extended for more than 6 months in total. During this time a final decision should be made about the employee’s suitability for the role.

2. HOURS OF WORK

2.3     It would be usual for the employee to have to work whatever is the normal full time working week  hours before being able to claim overtime payment, Therefore some additional hours worked may be paid at the normal flat rate before being eligible to claim overtime.

4. HOLIDAYS

4.7     Either a part-time employee has enough annual entitlement to take all the statutory holidays and then additional days that they choose on top, or if they don’t have enough annual entitlement and the employer wants to, it can pro rata a part time employee’s entitlement to bank holidays with any additional days taken as unpaid or worked at another time. For an employee whose non-working days fall on those days on which bank holidays normally fall (Mondays and Fridays), then the easiest way is to calculate annual entitlement at the beginning of the year and then award days off in lieu for those holiday days they have “missed out” on.

5. ABSENCE DUE TO ILLNESS

5.2     It is suggested that a medical certificate be produced for absence in excess of 7 calendar days.

6. PENSION

All UK employers are now required to automatically enrol eligible workers into a pension scheme and pay a minimum level of contributions. Because of the myriad of different pensions available or if the employer already has a pension scheme, a generic clause such as this one is suggested. Further details of this or any other pension offered by the employer can be added if wished.

For more information for employers and employees visit:

https://www.gov.uk/workplacepensions/

8. CONFIDENTIALITY

It is advisable to have a confidentiality clause, which not only requires the employee to maintain confidentiality while working for the employer but also after the contract comes to an end. In addition the clause requires an employee to return documents belonging to the company at the end of the contract.

11. NON-SOLICITATION

Clauses designed to prohibit an employee from soliciting clients are commonly included in employment contracts, along with other restrictions, but there is a lot of case law on this subject and legal advice should be taken on precise wording of this clause.

For guidance on signing contracts please see our notes at https://www.contractstore.comsigning_contracts