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Zero Hours Contracts Martin Hopkins Partner, Employment Team Birkett Long LLP. ZERO HOURS CONTRACTS history and background. “Casual contracts” “Bank” workers” Employee/Worker/Self employed. ZERO HOURS CONTRACTS recent history. ONS and CIPD numbers Political comment
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Zero Hours Contracts Martin Hopkins Partner, Employment Team Birkett Long LLP
ZERO HOURS CONTRACTShistory and background • “Casual contracts” • “Bank” workers” • Employee/Worker/Self employed
ZERO HOURS CONTRACTSrecent history • ONS and CIPD numbers • Political comment “It is clear that they are much more widely used than we had previously thought. It is also clear that there are abuses in the system, especially around the issue of exclusivity which some employers are demanding from workers on these contracts.“Today I am announcing that we will proceed to issue a consultation, which will explore how to tackle any abuses, particularly around exclusivity. I am determined to make sure people are paid and treated fairly, in a way that also helps keep people employed in these delicate economic times” Vince Cable 19 September 2013
ZERO HOURS CONTRACTSrecent history • Political comment “There is nothing inherently wrong or exploitative about zero hours contracts themselves. When managed well, with clear communication between worker and hirer, zero hours contracts can benefit the business and the individual. “The last thing that the jobs market needs is more regulation, which adds cost and complexity to employment, creates uncertainty for employers and could slow the pace of economic recovery.” Kevin Green REC CEO • Future plans?
ZERO HOURS CONTRACTSdrafting and use • Employee or worker status? • Right to refuse work • Holiday entitlement • Sick pay entitlement
ZERO HOURS CONTRACTSdrafting and use • Reality –v- Contract • Discrimination issues • Reputational risk
ZERO HOURS CONTRACTS Here to stay but expect changes!
Thank you Martin Hopkins Partner, EmploymentBirkett Long LLPT – 01268 244145E – martin.hopkins@birkettlong.co.ukW – www.birkettlong.co.uk