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What’s the latest on Zero Hours Contracts?

 

According to a Zero-Hours research report published by the CIPD this month, there are some interesting statistics from 2021 research taken during and towards the end of the 2021 Covid pandemic period.

Zero-Hours Contracts – evolution and current status” is a report* written and prepared by Mark Beatson of the CIPD and we highlight some of the main aspects below:

  • Attitudes towards zero-hours contracts have continued to be ‘normally a bad thing’ by over 60% of respondents

  • Almost a fifth (18%) of employers made some use of zero-hours contracts, however, this was less than in 2015 [25%] and 2013 [23%]. In 2021, more than three-quarters of employers researched (77%) did not use them. The remaining 5% did not know if they used them, mainly larger employers.

  • In line with previous surveys, the hospitality and entertainment industries and the voluntary sector stood out for their volume of use of zero-hours contracts, with 49% in the hospitality and entertainment sector adopting them and 24% in the voluntary sector.

    Contrastingly, only 5% of employers in the finance and business sectors relied on zero hours contracts and 8% for employers operating in public administration.

  • From a 2021 segment of 132 employers who employed two or more people and made use of zero hours contracts, CIPD estimated 3million workers were on zero-hours contracts in the labour market.

 

Almost two-thirds (65%) of employers typically employed zero-hours contract workers for up to 30 hours a week – hours that usually would be regarded as part-time. Almost a fifth of employers didn’t know the typical working week of their zero-hours contract workforce.

 

Workers on zero-hours contracts:

4% worked more than 40 hours

15% worked 31-40 hrs

16% worked 21-30 hours

15% worked 16-20 hours

15% worked 11-15 hours

9% 6-10 hours

9% up to 5 hours

 

Reasons for using zero-hour contracts:

 

Overwhelmingly, 64% of employers cited the need to ‘manage fluctuations in demand’ as the main reason for using zero-hour contracts, 46% ‘to provide flexibility for the individual’, 35% ‘to provide coverage for staff absences and 21% ‘to retain workers rather than make them redundant’.

The latter statistic of 21% possibly relating to the people who had to come off the government’s Coronavirus Furlough Scheme, making it more attractive for employers to place them on zero-hours contracts rather than offering a permanent employment contract. This makes sense as ‘fluctuations in demand’ was also high.

 

Types of workers affected:

Young people – students especially – and older people were most likely to have zero-hours contracts. Zero-hours contracts were most common in the hospitality industry (accommodation and food), in arts, entertainment and recreation, in routine, low-skill occupations and in small workplaces.

Over half of employees with zero-hours contracts had been with their employer for under two years – the length of service required for protection from unfair dismissal. Even so, almost a fifth of employees with zero-hours contracts said they had been with their current employer for at least five years.

Hours worked:

Over two-thirds (70%) of zero-hours contract employees worked part-time hours, whereas over three-quarters (78%) of employees without a zero-hours contract worked full-time hours. As a result, average hours worked with zero-hours contracts were much lower than for employees without zero-hours contracts.

Satinder Kaur

Satinder Kaur, Trainee Solicitor
Employment Team, Lawson West Solicitors

Satinder Kaur adds:

“This study confirms the general attitude that zero-hours contracts are widely considered to be a negative way of working, but also assumes that workers do not want to work under shorter-hour or non-permanent contracts. I have experienced that a number of people do want the flexibility that a zero-hours contract can bring – these kinds of contracts only really become problematic for employees when they require job certainty above flexibility and, at that point, the employer can come across badly if they are not able to rise to the challenge of providing job certainty, if their focus is on prioritising operational necessities or profit.”

Lawson West’s team of employment solicitors is experienced with all types of employment contract and can advise on zero-hours contracts for both employees and employers; helping to ensure a zero-hours contract protects an employee’s interests and helping to ensure protection for employers seeking to manage fluctuating demands in workforce.

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*Source:  [CIPD. (2022) Zero-hours contracts: evolution and current status. London: Chartered Institute of Personnel and Development.]

Personnel Today’s view of the report findings:  ‘Zero-hours contract benefits ‘can outweigh negatives for workers’.

 

 

 

Too Hot (or Not) to Work?

Is it time to change the law when having to work in environments which are too hot?

This summer could end up being the hottest on record and while many workers are on holiday enjoying the sun, there are equally as many working in temperatures which are so hot that it can be detrimental to the individual’s productivity and lead to fatigue and low energy levels.

How hot is a too hot work environment?

While there is no set maximum limit, if temperatures rise too high, they can end up being a health and safety issue. Not only is it uncomfortable but working in too hot temperatures can cause dizziness and fainting and accidents can be heightened as a result of reduced concentration and tiredness.

Are maximum temperatures in the work place being looked at?

The Trades Union Congress (TUC) has been asking for the law to change so that indoor work places cannot exceed a maximum temperature of 30°C (or 27°C for strenuous work), with employers forced to introduce cooling measures when the temperature hits 24°C.

Ultimately however, the Health and Safety Executive (HSE) has the power to change the situation by setting a legal maximum work temperature. They have already set a legal minimum work temperature.

Can employers do more?

The TUC has produced a guide to help employers and some simple actions can be taken including providing fans and installing air conditioning which can help provide a more pleasant work environment. Currently workers are encouraged to speak to their employer if they experience uncomfortable work temperatures. This is great if the employer is reasonable and open to offering solutions, but many employers are not, in addition, many workers may feel uncomfortable raising the issue. Currently employers are encouraged to carry out a risk assessment but as the HSE has not set any legal guidance, a risk assessment is a bit futile.

Has the HSE set any helpful guidance?

The HSE has provided six areas for employers to consider when thinking about safe working temperatures, these are;

  • Air temperature

  • Radiant temperature

  • Air velocity

  • Humidity

  • Employee clothing

  • Average rate of work

How can Lawson West Solicitors help?

Sejal Patel, an Associate in the Employment Team suggests “Employers must follow the Health and Safety at Work Act which advises that during working hours, indoor workplaces must be at a reasonable and comfortable temperature and fresh, clean air must be provided. Staff who can work from home, should be offered the option to work at home, rather than travel to work in hot cars and transport. Alternatively, places of work offering air conditioning maybe the best option for an employee who suffers with heat fatigue.

It is essential to act in a sensible manner which would not cause your employees to become unwell or breach the implied duty imposed into all employment contracts, and to provide a safe working environment which is not faulty or broken which could then lead to possible disputes. 

A caring employer is more likely to get the best out of their workforce and have more employees prepared to work hard than those who are unhappy and ultimately can lead to higher levels of absences. Lawson West Solicitors is more than happy to help advise on the Health and Safety at Work Act and with offices in Market Harborough and Leicester.”

Our employment solicitors and lawyers can help advise on all employment law challenges.

In addition, we are a national provider of expert employment law advice and welcome a free discussion with you regarding your employment circumstances.

If you believe you have a situation where you require legal advice, please Contact Us here.

I can’t afford to pay court-ordered maintenance, what do I do?

 

We are all feeling the financial pinch at the moment. What should you do, if there is a court order that you pay your ex-spouse maintenance (either for themselves or the children), but you can no longer afford to pay it?

Don’t panic but don’t ignore it. Simply failing to pay the maintenance or reducing the amount paid without agreement, is breach of a court order and is likely to result in costly enforcement proceedings before the court.

Step 1:  Speak to your spouse

If you can, speak to your ex-spouse. Failing to pay the maintenance in full, or at all, will have a direct impact on them. It may be that you can agree a temporary arrangement, which we would urge you to record in writing and both sign.

Fiona Wilson, Family Lawyer

Fiona Wilson, Head of Family Law 
Lawson West Solicitors

 

Step 2:  Speak to a solicitor

If an agreement cannot be reached, then please speak with a solicitor as soon as possible.

We will be able to guide you on the options available to you – whether that be negotiating upon your behalf, making a referral to mediation or ultimately an application to the court.  Contact Us here and select ‘Divorce and Family’.

Bring to the appointment evidence of your income, if it has reduced, evidence of why it has reduced and a schedule of your outgoings. These will all assist in the advice you will be given.

 

Lawson West Solicitors delighted to announce…

This week sees Lawson West Solicitors shortlisted in two further business awards – this time in the Business Masters Awards in East Midlands

Announced on 8th August 2022, Lawson West Solicitors has been shortlisted in two important categories within the East Midlands: ‘Employer of the Year‘ and ‘Professional Services – Legal’ firm of the year.

The winners will be announced on 13th October at the Crowne Plaza Awards evening held in Nottingham.

We are shortlisted alongside other well-known Leicestershire businesses and Lawson West can’t wait to celebrate with them on the night.

Employer of the Year Award    Professional Legal Firm of the Year

Vicky Jones

Vicky Jones, Lawson West Solicitors Director, comments:  “Not only have we been shortlisted in the East Midlands Chamber Awards 2022, but we have also been recognised for our efforts in the Business Masters Awards as well.

I’m very proud of ‘Employer of the Year’ and ‘Professional Services – Legal’ award shortlistings for Lawson West. They really do capture the progress our firm has made over the past 12-36 months in growth and development, plus also recognising our unique staff culture and focus on employee welfare. I’m really thrilled for the firm and our staff.”