Zero hours contracts: what rights?
Recent research by the TUC shows the rapid growth in zero hours contracts. It has revealed that one in 12 workers are now on zero hours contracts. The rights of these workers are hampered due to their not having employee status. However, they do have some rights and those advising employers who use these contracts should be aware of them.
They include: the national minimum wage, itemised wage slips, protection from unlawful deductions of wages, protection from discrimination, paid annual leave, daily and weekly rest breaks, pension auto-enrolment, right to be accompanied at disciplinary and grievance hearings, rights under whistleblowing and data protection law, and rights under health and safety law.
Given the nature of these contracts it may be difficult to meet the qualifications for statutory sick pay, but if the worker does then this should be paid. Statutory maternity, paternity and adoption pay (but not leave) are due if the conditions are met. The amount of holiday pay may be difficult to calculate, and the contract will need to be examined to determine this.