This is a guest blog article from Neil Coombes, Solicitor. Neil and his team can be contacted on 01484 303585, via mail@ncoombes.co.uk or at their website www.ncoombes.co.uk.
You feel that extra manpower is needed for your business but you are not quite ready or able to commit to hiring someone on a permanent basis. In this sort of situation a flexible zero hours contract sounds like the perfect solution. But is it as simple as it sounds or are there hidden pitfalls?
A zero-or nil-hours contract is an arrangement whereby an individual agrees to work for you on an “as and when” basis. That is, there are no set times or number of hours specified.
Furthermore you are under no obligation to provide that individual with work if you have none available.
The benefits of this sort of contract are as follows:
- You can bring in extra labour only when it is needed.
- You don’t have to pay for staff who are not on your premises or not carrying out work on your behalf.
- You can also have a number of individuals on zero hours contracts, and so build a bank of workers who are able to cover for others or provide extra labour at short notice.
There are possible pitfalls, however, and it is vital that employers are aware of these.
Workers on zero hours contracts have the right to be paid the National Minimum Wage.
It is possible for people working under such contracts to qualify for other statutory employment rights. If the worker is working similar hours on a regular basis, it is
possible that they can claim they have a fixed term contract and insist that you continue with these hours.
To avoid such claims it is important that you do not offer regular hours and keep timesheets that show clearly any patterns emerging so that you can vary hours if necessary.
Also make it clear that if no work is undertaken for a given period, e.g. six months, the contract will be considered to be terminated.
If you would like further advice on the use of zero hours contracts, please contact us on 01484 303585 or at www.ncoombes.co.uk


