European UnionI'm a part-time worker treated less favourably than full-time colleagues. Is this discrimination?
Yes, treating part-time workers less favourably than comparable full-time workers is generally unlawful discrimination under EU law, unless the treatment is objectively justified.
What the Law Says
EU law protects part-time workers from unjustified less favourable treatment compared to full-time workers doing the same or similar work. The core legal framework consists of two key directives.
The Part-time Work Directive (97/81/EC) establishes the 'pro rata temporis' principle: part-time workers must receive the same treatment as comparable full-time workers, proportionate to their working hours — unless different treatment is justified on objective grounds.
The Equal Treatment Framework Directive (2000/78/EC) prohibits direct and indirect discrimination on grounds including employment status, reinforcing protection for part-time workers where such status intersects with age, disability, religion, or sexual orientation.
A 'comparable full-time worker' is defined in the Part-time Work Directive as one employed by the same employer, with the same type of contract, engaged in the same or similar work, considering qualifications, skills, and experience.
Statutory TextPart-time workers shall not be treated in a less favourable manner than comparable full-time workers solely because they work part time.
— Council Directive 97/81/EC, Annex, Clause 4(1) — Framework Agreement on part-time work
Statutory TextMember States shall take the necessary measures to ensure that any laws, regulations and administrative provisions contrary to the principle of equal treatment are abolished.
— Council Directive 2000/78/EC, Art. 12 — General obligation
What Courts Have Said
The Court of Justice of the European Union (CJEU) has consistently upheld the rights of part-time workers under these directives.
The CJEU ruled that denying a part-time worker (who worked reduced hours for childcare reasons) access to a collective agreement benefit available to full-time workers constituted indirect discrimination, requiring objective justification.
The Court confirmed that national rules limiting severance pay for part-time workers based solely on hours worked — without individualised assessment — violate Clause 4(1) of the Part-time Work Directive unless objectively justified.
What to Do
Identify a comparable full-time colleague (same employer, role, skills, and conditions).
Document the specific less favourable treatment (e.g., pay, leave, training, promotion opportunities).
Check whether your employer has provided objective, legitimate, and non-discriminatory reasons for the difference.
Raise the issue formally with HR or a workers’ representative; cite Directive 97/81/EC, Clause 4(1).
If unresolved, file a complaint with your national labour authority or court — most EU Member States have transposed these directives into national law with enforcement mechanisms.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.