Any individual on a zero hours contract who is a ‘worker’ will be entitled to at least the National Minimum Wage, paid annual leave, rest breaks and protection from discrimination. Zero hours contracts can also provide a level of flexibility for the individual, which allows them to work around other commitments such as study or childcare.
Some types of work are driven by external factors that are out of the employer’s control and this can happen in a range of sectors including, for example, hospitality, leisure and catering. New businesses When a new business starts up it might need to build up a customer base to undertake work so, at first, they may need to employ people on zero hours contracts in addition to any permanent staff to manage fluctuating and unpredictable demands.
Seasonal work or peaks in demand, where it is known that for short periods of time additional staff are needed to manage surges in demand such as retail sales at Christmastime or providing a cleaning service for example, following a festival or a New Year celebration. Unexpected sickness Employers may need to be ready to cover periods of unexpected staff sickness and be able to call on experienced staff, for example, a pharmacist in a chemist or a lifeguard at a leisure center.
Zero hours contracts are rarely appropriate to run the core business, but might be useful for unexpected or irregular events such as bereavement leave by staff, to deliver sufficient customer service during peaks in demand, or when preparing to open a new store. Many businesses provide a regular service or product and have a broadly predictable timetable or output and so permanent or fixed hour contracts can be more appropriate.
Whether the individual is an employee or worker and what employment rights they are entitled to if the individual is an employee, how statutory employment entitlements will be accrued where appropriate, for example, redundancy pay the process by which work will be offered and assurance that they are not obliged to accept work on every occasion if they so wish how the individual’s contract will be brought to an end, for example, at the end of each work task or with notice given by either party Those who work on a zero hours contract may have caring responsibilities or have studies and may need to plan for childcare or around exams.
Employers should consider putting into place a policy explaining the circumstances when and how work might be cancelled, and how they try to avoid this, and whether the individual can expect any compensation for caring costs they may have incurred. Those who take up work on a zero hours contract are often students, partially retired, or have caring commitments.
The Small Business, Enterprise and Employment Act prohibits the use of exclusivity clauses or terms in any zero hours contract. An employer must allow the individual to take work elsewhere in order to earn an income if they themselves do not offer sufficient hours.
An employer must not attempt to avoid the exclusivity ban by, for example, stipulating that the individual must seek their permission to look for or accept work elsewhere. You cannot do anything to stop a zero -hours worker from getting work elsewhere.
The law says they can ignore a clause in their contract if it bans them from: Organizations considering using zero -hours contracts should think carefully about the business rationale for doing this, including whether there are other types of flexible working or employment practices that would deliver the same benefits.
However, employers also regard zero -hours contracts as a means of providing flexibility for individuals, with the same research reporting that just over half of respondents say they use them for this reason. The correct status category depends to an extent on the content of the actual or implied employment contract, but ultimately a legal decision would be based on how working arrangements operate in practice.
Ideally, line managers should also receive training, so they understand fully the different types, their advantages and disadvantages. In May 2015, following a consultation exercise and as part of the Small Business, Enterprise and Employment Act 2015, the government banned exclusivity clauses for zero -hours contracts.
Further regulations came into force in January 2016 giving zero hours workers the right not to be unfairly dismissed or subjected to a detriment for failing to comply with an exclusivity clause, and to claim compensation. All workers should be able to move towards a more predictable and stable contract, subject to conditions set out in legislation that the government plans to bring forward.
It also seeks views on what guidance government can provide to support employers and encourage best practice to be shared across industries. Overall, the package is aimed at addressing the problem of ‘one-sided flexibility’ which implies that the proposals stand a very good chance of becoming law.
Employers should only use zero -hours contracts where the flexibility inherent in these types of arrangement suits both the organization and the individual. To address this, employers and line managers need to ensure that atypical workers are eligible for their organization’s training and development activities.
Performance management processes should also be setup to give atypical workers regular feedback. We believe a reasonable minimum would be to reimburse any travel expenses incurred and provide at least an hour’s pay as compensation.
Some employers appear to go further than this, for example by paying employees in full for shifts cancelled at short notice. This seems a reasonable position if organizations also prevent or penalize employees from cancelling prearranged work at short notice.
In addition, Berwyn authors the CIPD's high profile and influential quarterly Labor Market Outlook. Berwyn is an experienced labor market commentator, making regular appearances in the national media and on other public platforms, including several appearances before the House of Commons Work and Pensions select committee.
This guide, produced in collaboration with law firm Lewis Silken, is designed to help employers ensure that they are using zero -hours contracts responsibly and understand the legal issues surrounding them. Organizations considering using zero -hours contracts should think carefully about the business rationale for doing this, including whether there are other types of flexible working or employment practices that would deliver the same benefits.
Zerohourcontracts are particularly prevalent where seasonal work or special events require additional levels of staff over short periods for example, in the retail, hospitality, leisure and catering industries. That said, zerohourcontracts can be used by any employer in need of an accessible pool of workers in response to fluctuating demand or temporary staff shortages.
For the employer, a zero hour contract avoids any obligation to provide guaranteed levels of work. Under zero hour contract law the worker category provides a floor of rights to those who do not satisfy the tests for employee status but are not working for themselves.
This includes the right to working time limits (not more than 48 hours on average per week) and to paid annual leave, as well as protection from unlawful discrimination and whistleblowing. Typically, of most significance for workers under a zero hour contract is the right to be paid the national minimum wage.
Provision is also made under regulation 2 of the Exclusivity Terms in Zero Hours Contracts (Redress) Regulations 2015 for a worker not to be unfairly dismissed, or subjected to a detriment, in consequence of doing work or performing services for another employer in breach of a contractual prohibition. Under zero hour contract law you are entitled to raise a dispute or lodge a claim in the employment tribunal in relation to an alleged breach of your statutory rights in the same way as an employee.
Similarly, in relation to working time disputes you may lodge a complaint with the employment tribunal. The law relating to zero hour contract law can be confusing, not least the regulations governing your statutory rights in respect of the national minimum wage and working time limits, as well as any unfair dismissal arising out of working for another employer contrary to a contractual exclusivity clause.
Further, you may have additional rights arising out of your contract of employment that may elevate your status from ‘worker’ to ‘employee’. Whether you are a ‘worker’ or ‘employee’ will depend on the terms of your employment contract, as well as the nature of your working arrangement in practice.
For example, If you have regularly worked the same shifts for six months you may be deemed to be an employee, irrespective of any zero hour contract. A legal adviser specializing in employment law will be able to advise you on your potential rights and possible remedies, providing you with a legal assessment of your particular case under zero hour contract law, as well as what practical steps you can take to resolve any workplace dispute.
This article does not constitute legal advice, nor is it a complete or authoritative statement of the law, and should not be treated as such. Whilst every effort is made to ensure that the information is correct, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission.
Because the shifts are so irregular I can’t even find another job alongside it because I can be called in last minute.” These contracts allow employers to cut costs by hiring staff with no guarantee of work, hours or pay.
From shift patterns that change every week to hours cut at the last minute, planning your life on a MHC is often a nightmare. We want workers to get guaranteed hours, so they can pay the bills and save for the future.
This can vary wildly in the current economic climate, making financial planning very difficult. Zero -hours workers are supposed to get statutory annual leave and the National Minimum Wage, but they’re often denied these basic entitlements and have no legal right to sick pay.
Or the nanny who couldn’t rent a property because her earnings were suddenly cut in half when her hours changed at the last minute.