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I have a sales target and if achieved I am given a pay rise to my basic salary. I work three days a week and my target is the same as my colleagues who work five days a week, but I have been told that my pay rise will be pro-rata’d. This is a contractual pay rise and it does not state in my contract that the pay rise is pro-rat’d. Is this legal?
I think it would be wisest to talk to your employer and say that your contract of employment should reflect the fact that you work part time and that pay rises should also be in proportion to the part-time nature of your contract. In any event, the law protects part-time workers and would override the terms of your contract particularly as you say that: “This is a contractual pay rise and it does not state in my contract that the pay rise is pro-rated.”
Usually contracts of employment state that pay is pro-rata for part-time workers, for example, annual five day a week salary is quoted, but a part-time pro-rata amount is then stated as applying. The importance of stating that the full-time salary is to be pro-rated is illustrated by Keenan v Barclays Bank Plc ET/1100792/2009, in which the employer was bound to continue paying a part-time employee at a full-time rate, having failed to state that the full-time salary needed to be pro-rated. Accordingly, if you have the same targets as full-time employees and have achieved them then it would not be fair (and a detriment to you) to have achieved them and only be given a pro-rata pay rise. The employer presumably has benefited 100% (not pro-rata) from your achievement of the targets.
However, usually employers state that the pay rise is x% of your salary so it would apply to your current part-time salary. The law says that a part-time worker has the right not to be treated less favourably than the employer treats a comparable full-time worker: 1 As regards the terms of their contract; or 2 By being subjected to any other detriment by any act, or deliberate failure to act, by their employer. You could also point out that it would count as a detriment to have to reach the same targets as a full-time worker and that you should be paid in relation to achieving three-fifths of the target your full-time colleagues will receive. It may be an oversight by your employer, but if they do not agree or if they seek to make any further problems, you could raise a grievance.