The Late Payment of Commercial Debts (Interest) Act 1998 (Commencement No. 1) Order 1998

Full-time and part-time employees

3.—(1) For the purposes of counting the number of full-time employees–

(a) an employee shall be regarded as full-time if that employee works for 35 hours or more per week; and

(b) an employee shall be regarded as part-time if that employee works for less than 35 hours per week.

(2) A part-time employee shall be counted as a fraction of a full-time employee, the fraction being calculated as

where the number of full-time hours is–

a

the number of hours which a full-time employee of the same description as the part-time employee works in the business concerned; or

b

where there are no full-time employees of that description, 35 hours per week.

(3) In this paragraph, a reference to the number of hours which an employee works is a reference to the number of hours which that employee is contractually required to work, or ordinarily works, if greater or where the contract does not provide for the number of hours, in each case excluding any meal break or rest period exceeding 15 minutes.