1. RDS – Impact of Part Time Workers Ruling & Working Time Directive
Karen Palframan
Joint CFOA Lead on Employee Relations
Learning and Development Forum
18 & 19 May 2009

2. Overview Part Time Workers Regulations and Transfers
Working Time Directive and the RDS
Implications and work for the future

3. Rights of Part Time Workers
Employment Tribunal ruling granted Part Time Worker Status to RDS
Part-timers must be treated at least as well as equivalent full-time workers, unless the reason why not can be objectively justified.
Update on national issues
Responsibilities of the employer

4. Impact on RDS – Transfer/Promotion Issues
No automatic entitlement to wholetime vacancies but
To comply with the law, previous or current part-time status should not of itself constitute a barrier to promotion to a post, whether the post is full-time or part-time.
– issues about limiting applications for certain roles (for example specialist unit roles) to wholetime alone. ? allow applications from all candidates with relevant experience.
Care is needed about barring promotion applications from retained duty system firefighters going for higher whole-time jobs on the grounds that they are RDS. It is safer to consider applications on their merits against the relevant criteria.

5. Impact on RDS – Transfer Issues
Have you reviewed your own practice?
Process for part time staff to be considered for full time roles (and whether those roles can be offered part time)
What is are your routes for access to promotion opportunities?

6. Impact on RDS – Training Issues
Part time workers have the right not to suffer any detriment compared to a full time worker in the provision or access to training or opportunities for development
Have you considered access to training, alternative delivery methodologies?
Focus on the role requirements

7. RDS & Working Time Issues
48 Hour Week and the Opt Out
Definition of working time
Future Review
Particular impact on Drivers

8. Implications? Breathing space? Future viability of RDS?
How prepared are we in terms of our systems and recording of hours worked?

9. What does it mean for Learning & Development?
Focus on the role and training needs
Review the use we make of training time
Share good practice

10. Any Questions?