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Zero Hour Contracts avoid getting caught out

By 22nd February 2016 updated 13th March 2020";

The hospitality industry is one of the most prolific users of Zero Hour Contracts. But not all employers are using them correctly. What employers have to remember is that any employment contract must reflect the true nature of the employment and there are lots of different types of contracts that can be issued, not one size that fits all. Do also remember that employer/employee relationships change along the way and the original contract might not be the right one and might need changing too.

Zero hour contracts are fantastic, if they are used in the right way – flexibility on both sides, no guarantee of work from the employer, no guarantee the employee will do the work and certainly no penalties attached if the employee cannot work when offered.

A zero hour contract is meant to be a casual arrangement to enable employers to cater for changing levels of demand which can suit many different industries. However if a worker on a zero hour contract regularly works the same hours, then their employment contract reflects this, regardless of what their written contract states.

For example if an employee has worked the same regular shifts for two years, it may be that their true employment contract is not a zero hour contract. A regular hour employment contract gives an employee greater statutory employment rights than a zero hour contract.

More than ever employers should be checking contracts and status of employees because of auto enrolment and eligibility of employees.  If in any doubt, do speak with our Priority Partner, Thornber Employment Law, who will keep you right.

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