The University is currently seeking to change its use of and payment to staff with zero-hours (or casual) contracts. UCU is concerned that the changes proposed, while presenting certain benefits, may also mean that some staff on these contracts may be paid less than in the past for the same work. We would clearly be opposed to that. Below is a brief guide to zero-hours contracts for everyone who may be affected.
- A zero-hours contract is a contact under which an employer has no obligation to provide work and a worker no obligation to undertake work offered
- Zero-hours contracts can be beneficial to both employers and workers, e.g. where the employer’s business is uncertain due, for example, to weather conditions or staff absences. They can also benefit a worker who wishes flexibility around their other commitments, e.g. a student. or an individual with caring responsibilities
- But there is no doubt that they can also be problematic. A particular area where the use of zero-hours contracts can be a cause for concern is the issue of employment status. Taking a ‘one-size-fits-all’ approach is rarely appropriate, and it can be uncertain whether a person working under a zero-hours contract has the status of an employee or of a worker – a distinction which is important as employees have far broader legal rights than workers, e.g. the right to claim unfair dismissal and/or redundancy pay. Unfortunately, such confusion has led some employers to exploit the use of zero hours contracts in an attempt to avoid their legal obligations to staff
- When deciding whether a zero-hours contract means the individual has the status of an employee or worker it will not just be the wording of the contract that is relevant, but what happens in reality. And if the reality is that the individual is offered and accepts work on a regular basis, then employment tribunals have shown themselves willing to deem the contract to be one of employment
- The Government website provides guidance on the “appropriate use”, “inappropriate use” and “alternatives” to the use of zero hours contracts which Swansea UCU would encourage you to access : GOV.UK: Zero hours contracts: guidance for employers
- For those who would like to look into this further there is some information available from UCU here and here