Page 33 - BOSS Today Issue 19

“A ‘Zero Hours’ contract usually

means that the employer does
not guarantee any work and

pays the worker only for the

hours of work carried out.”

‘Zero Hours’ ports Direct, abide by this agreement is for to decide when they work, how
Wetherspoons and
the employer to ‘strike off’ that
they work, what tools they can
contracts are Svast tracts of the retail worker from its register of casuals. use and whether they can sub-
very much in and hospitality industries use In many industries this already contract the work. If these factors
happens to any
are largely absent, it is likely there
‘Zero Hours’ contracts. Notice
the news at is being taken of the current unco-operative casual worker, will be a finding that the casual
present, but media attention, together anyway. worker is in fact an employee -
Huge employers handling very
with Government and TUC
with all the legal protection that
should they involvement, and some BOSS seasonal products or services implies - particularly that relating
be in our members may be asking clearly find it useful to have a to unfair dismissal.
In addition, if - in fact - the
themselves whether they could
large pool of workers to draw on
industry? consider using these types of and, for these, the ‘Zero Hours’ ‘Zero Hours’ worker has a
contracts themselves. contract may have psychological continual source of work and
In short, the answer is: whilst advantages, in that workers are is used consistently by the
they may seem attractive, many too scared to turn down any company, that will also point
dangers can attend them. work that does come their way. towards the arrangement being
A ‘Zero Hours’ contract usually This is the main reason for the a full employment relationship.
means that the employer does TUC’s condemnation of these
not guarantee any work and pays types of working arrangement. Conclusion
the worker only for the hours However, we are not convinced ‘Zero Hours’ is a hot topic, but
WHAT’S IN A CONTRACT? this, the worker is expected industry, and - anyway - given argument about the use of
of work carried out. Despite
in fact it is just the same old
that this applies in the OP
to be available to work when
the attention these contracts are
casual workers that has been
the employer requires and is attracting, employers should be around for a long time. We
contractually obliged to accept very careful about embarking on have warned repeatedly about
any offer of work. This type of this route. the legal dangers of describing
contract therefore provides work workers as ‘casuals’, when it is
only at the company’s discretion Do you have control? clear from their working patterns
and it has no responsibility to There are straightforward legal that they should be considered
provide the worker with any work dangers as well. Even though a full employees.
at all, nor provide any explanation contract may be stated to be a So, whilst some high-profile
for this lack of provision. ‘Zero Hours’ arrangement and companies are taking the rap,
So, how is this different to that there is no employment BOSS members would do well to
a normal contract for casual relationship, the courts can keep under the radar on this one.
workers? Not much, in our view. decide that there is in fact
Although these contracts oblige an employment relationship, n FOR FURTHER
the worker to be ready for work depending on the ‘control test’ INFORMATION CONTACT
at any time, the only sanction (ie the degree to which the THE BOSS LEGAL TEAM ON
available if the worker does not so-called casual worker is able 0845 450 1565

October 2013 | BOSS TODAY 33

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