A "zero hours contract" refers to a non-legal term that encompasses various forms of casual agreements between an employer and a worker.

In essence, a zero hours contract means that the employer does not commit to providing the worker with a set number of hours.

Instead, the employer presents work opportunities as they become available, and the worker has the option to accept or decline the offered work.

Regardless of the number of hours provided, the employer is obligated to pay at least the National Minimum Wage.

Zero Hour Contract Employees are entitled to Holiday Pay and accrual is relative to the hours they work. Please see FAQ ‘Holiday Pay’ for more information

What Employment Rights?

All individuals engaged under a zero hours contract are entitled to statutory employment rights without exception.

Those on such contracts will possess either the employment status of a 'worker' or an 'employee,' which determines their specific rights.

Individuals classified as 'workers' under a zero hours contract are entitled to the following:

· National Minimum Wage

· Holiday Pay

· Rest breaks

· Statutory Sick Pay (SSP)

· Statutory Maternity & Paternity Pay

· Statutory Redundancy Pay

· Protection against discrimination.

As of January 1, 2024, the United Kingdom has implemented new regulations concerning holiday pay and entitlement. These modifications aim to streamline the calculation of holiday pay, enhance fairness, and increase transparency.

What are the changes for 2024?

In November 2023, the Government released several amendments to the current regulations related to holiday pay and annual leave entitlement, accompanied by draft legislation detailing the execution of these changes. The primary revisions, set to take effect for holiday years commencing on or after April 1, 2024, include:

1. The reintroduction of the 12.07% calculation method for determining holiday pay for employees with irregular working hours and those engaged in seasonal or part-year employment.

2. The reinstatement of rolled-up holiday pay for workers with irregular hours and those employed seasonally or part-year.

3. Changes to the rules governing the carryover of unused holiday days.

4. Revisions to the definition of a week’s pay for the purpose of calculating holiday pay. These modifications will come into effect on April 1, 2024, but will only apply to businesses whose leave years begin on or after this date. For instance, those operating on a January to December leave year will not be affected until January 2025.

These represent the most significant alterations to holiday pay regulations in recent years. The proposal allowing employers to utilize rolled-up holiday pay for casual workers is anticipated to benefit employers and is likely to receive broad support from both employees and employers.

Certain elements of these changes are more technical and may present new challenges and inquiries for employers. Given the potential complexities, it is crucial for employers to remain informed about these developments.

The Advisory, Conciliation and Arbitration Service (ACAS) operates as a non-departmental public body within the Government of the United Kingdom.

Its primary objective is to enhance organizational effectiveness and improve working conditions by fostering robust industrial relations practices.

ACAS offers guidance on employment law and employment relations to both employers and employees via its website and helpline. Additionally, it provides dispute resolution services, including arbitration and mediation, although it is most recognized for its collective conciliation role, which involves resolving conflicts between groups of employees or workers—often represented by trade unions—and their employers.

ACAS functions as an independent and neutral entity, refraining from favouring any specific party, and instead focuses on assisting the involved parties in achieving appropriate resolutions to their disputes.

A businesses disciplinary procedure should be formally documented and made easily accessible to all employees. It is essential that it outlines the specific performance and behaviour that may lead to disciplinary action, as well as the potential responses an employer may implement. This level of transparency is crucial for ensuring that all staff are aware of workplace expectations and the associated consequences.

Employers are legally required to establish a Grievance procedure and provide it in written form to all employees, such as in their staff handbook.

This procedure must specify:

- The individual to whom the employee should direct their grievance.

- The method of contacting this individual.

While it is not mandatory to include details of the Grievance procedure in employment contracts, if such information is included, adherence to the procedure is essential; otherwise, the employee may pursue a breach of contract claim.

Flexible Working and the Right to Request

What constitutes flexible working?

Flexible working refers to modifications in employees working hours, the timing of employees work, or employees work location. It involves adjusting work arrangements to accommodate greater flexibility, encompassing a diverse range of work patterns; it is not limited to remote work.

Examples of flexible working arrangements that an employee may request include:

- Reducing hours to transition to part-time work

- Altering start and end times - Having the option to vary start and finish times (commonly referred to as 'flexitime')

- Completing hours over a reduced number of days ('compressed hours')

- Engaging in remote work or working from alternative locations

- Sharing a position with another employees ('job share')

The Carer's Leave Act has significantly expanded the options available to employed carers. These modifications will take effect on April 6, 2024.

The Carer's Leave Act applies to employees in England, Wales, and Scotland.

Employees are entitled to one week of unpaid leave annually if they are providing or arranging care for an individual with a long-term care requirement.

This leave can be utilized flexibly, either in half-day or full-day increments, for planned and anticipated caregiving responsibilities.

It is accessible from the commencement of employment and offers the same employment protections as other types of family-related leave, including safeguards against dismissal.

Settlement Agreements are a voluntary arrangement made between an employer and an employee to amicably resolve a dispute and/or terminate the employment contract under mutually agreed conditions.

Upon being signed by both parties, the agreement attains legal binding status.

Generally, such agreements involve the employee receiving a one-time payment in exchange for relinquishing their position and consenting not to initiate any claims in an Employment Tribunal or Court.

A dismissal refers to the procedure through which an employer terminates an employee's contract. This is synonymous with being terminated or let go. It is crucial for an employer to adhere to a fair and just process when determining whether to dismiss an individual.

The minimum holiday entitlement that an employer is required to provide to a full-time employee is 28 days annually, equivalent to 5.6 weeks.

This 28-day entitlement is divided into 20 days of 'Euro leave,' which originates from the European Working Time Directive and has been incorporated into the UK's Working Time Regulations.

Additionally, there are eight days of 'UK leave' as stipulated by the Working Time Regulations, corresponding to the eight statutory and bank holidays in the UK.

However, the leave does not have to be taken on these specific holidays if the employer prefers to schedule it differently. Statutory holiday entitlement is applicable to all employees governed by the Working Time Regulations 1998, which includes agency workers, as well as those with irregular hours and part-year contracts.

Employers are obligated to ensure that employees receive their regular pay during Euro leave. 'Regular pay' encompasses commission, overtime, bonuses, and other allowances. The situation regarding UK leave is somewhat more complex, which is elaborated upon in the following sections.

Statutory Sick Pay (SSP) represents the fundamental minimum payment mandated by law for employees who meet certain criteria and are unable to work due to illness. The current rate for SSP is £116.75 per week.

The entitlement to SSP is defined in the Social Security Contributions and Benefits Act 1992 (SSCBA 1992) and the Statutory Sick Pay (General) Regulations 1982 (SSP Regulations 1982). These legal frameworks outline the eligibility for SSP, the payment rate, and the duration for which it can be claimed.

SSP serves as a minimum statutory entitlement.

Numerous employers offer occupational sick pay schemes that may provide more generous compensation or extend the duration of payments. The specifics of occupational sick pay are determined by the employment contract.

There are no limitations on the operation of an occupational sick pay scheme, as long as employees receive at least their minimum statutory entitlement and employers adhere to their own policy terms and contractual obligations.

To qualify for Statutory Maternity Pay (SMP), an employee must satisfy the following criteria:

1. Employee must have been employed by the same employer for a minimum of 26 weeks by the conclusion of the 15th week prior to their anticipated week of childbirth. This 15th week corresponds approximately to the 26th week of pregnancy, indicating that their employment must have commenced before they became pregnant.

2. They must still be employed in the same position, either fully or partially, during the 15th week preceding the expected week of childbirth. They will be considered as being in employment during that week even if they work only one day, part of a day, or if they are on sick leave or holiday. If employment terminates in or after the 15th week before the due date, they will still be eligible for SMP, provided they meet the other requirements.

3. A mothers average earnings must be at least £123 (before tax) per week (for the period of April 2024 – April 2025) over the eight weeks (if paid weekly) or two months (if paid monthly) leading up to the last payday before the end of the 15th week before the baby is due.

There is no universally accepted definition of gross misconduct, as it typically varies based on the specifics of each case and the individual employer's policies.

Essentially, the actions or behaviour of an employee must be so egregious and/or intentional that they irreparably harm the implicit duty of trust and confidence that exists between the employer and the employee.

Certain behaviours are universally recognized as gross misconduct.

These include:

- Physical violence

- Theft

- Sexual harassment

- Intentional destruction or damage to company property

- Fraud or falsification of company records

Employers may also identify additional behaviours that, in the context of their operations, could be classified as gross misconduct.

For instance, in the catering and hospitality industry, a significant violation of food safety regulations may be deemed gross misconduct. It is advisable for employers to outline specific examples of what constitutes gross misconduct in their Contracts of Employment or within their Disciplinary policies or handbooks.

While employers possess the authority to determine what qualifies as gross misconduct within their organization, they should exercise caution in applying the term too broadly to encompass all behavioural issues. Gross misconduct should be reserved for the most severe acts or behaviours.

In the context of redundancy regulations for employers in the United Kingdom, it is essential to comprehend the criteria that define redundancy.

Redundancy occurs when an employer is compelled to reduce their workforce for specific business-related reasons, including the closure of the business, relocation, or a diminished requirement for a certain position.

Familiarity with these legitimate grounds for redundancy is vital for adhering to legal requirements and safeguarding the organization against possible claims.

TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations

Its purpose is to protect employees if the business in which they are employed changes hands.

The effect is to move employees and any liabilities associated with them from the old employer to the new employer by operation of law.

The Employment Tribunals are primarily recognized for handling cases related to unfair dismissal and redundancy, as well as claims concerning unpaid wages or holiday pay. They also address issues of unlawful discrimination and adverse treatment following protected disclosures, commonly referred to as "whistleblowing."

A significant portion of their workload involves claims for compensation or other forms of redress initiated by employees against their employers. The authority of the Employment Tribunals to adjudicate cases and grant compensation or remedies is established by legislation enacted by Parliament. Decisions are made based on legal principles rather than arbitrary judgment.

Key legislative frameworks include the Employment Tribunals Act 1996, the Employment Rights Act 1996, and the Equality Act 2010, alongside numerous other relevant statutes and statutory instruments. Before initiating proceedings in the Employment Tribunal, it is generally required that an attempt at conciliation be made through ACAS (the Advisory, Conciliation and Arbitration Service).

Claims are submitted via a paper or digital form known as an ET1, while employers can respond to these claims using a corresponding ET3 form, either in paper or digital format. Adherence to strict time limits is essential in this process.

According to the Employment Rights Act 1996, individuals who are legally recognized as employees or workers are entitled to receive a 'written statement of employment particulars.'

This written statement outlines the key terms of employment, such as remuneration and working hours. While this document is commonly known as the 'employment contract,' it is important to note that, by law, the employment contract encompasses more than merely the written statement.