How can we help?
To access legal support from just £140 per hour arrange your no-obligation initial consultation to discuss your business requirements.
Zero-hours contracts are one of the few HR topics to hit the mainstream media – and the disadvantages for employees are well documented.
But for businesses, the risk vs reward calculation is more complex. It requires an analysis of how your staffing structure fits into your overall strategy for growth.
There are many reasons a zero-hours set-up might appeal.
You have the flexibility of taking on workers as and when you need them. There is no requirement to pay a static salary, and you can adjust staffing according to demand.
That doesn’t always run smoothly though. The disadvantages of zero-hours contracts include:
It’s up to each business to consider what you need from your workforce and how best to respond to fluctuations in staffing needs.
Zero-hours contracts aren’t always problematic but need to be structured to meet the needs of both employees and managers.
One of the pitfalls we’ve identified is the complexity of paying benefits to zero-hours workers.
Along with scenarios such as gifts of shares of private limited company assets, it’s crucial to get your payroll, returns, and records right.
The standard employment law applies for zero-hours employees, so you’ll need to pay at least the national minimum wage and provide benefits like holiday pay.
To calculate holiday entitlement, you’ll need to prorate the statutory holiday entitlement over the hours worked.
If a zero-hours member of staff leaves, you will still need to pay them for any leave entitlement they haven’t used.
The difference is that if they don’t work for you for four weeks, you can consider it an end of their employment – unless you offer more hours in the future.
Deciding whether or not to offer zero-hours work depends on multiple variables and how flexible your staffing structure needs to be.
Should you decide it’s a viable option, it’s crucial to ensure your contracts and payment processes comply with every aspect of employment law.
Much of the controversy around zero-hours work relates to lack of staff parity because there are fewer entitlements and often an imbalance in how businesses value their casual workers.
Can a director be forced out if shareholders object to zero hours employment policies? Probably not.
Could it cause contention and disputes if staff are paid at varying rates for the same kind of work? Possibly.
Provided zero-hours workers are fairly remunerated, understand the pros and cons of the flexible working conditions, and are comfortable that this fits their employment needs, it can be a successful arrangement.
Your business should pay careful attention to factors such as holiday pay to ensure it isn’t going to create a backlash or increased admin burdens that you could have avoided with a bit of front loaded work.
Please leave us your details and we’ll contact you to discuss your situation and legal requirements. There’s no charge for your initial consultation, and no-obligation to instruct us. We aim to respond to all messages received within 24 hours.
Our commercial lawyers are based in or close to major cities across the UK, providing expert legal advice to clients both locally and nationally.
We mainly work remotely, so we can work with you wherever you are. But we can arrange face-to-face meeting at our offices or a location of your choosing.