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05 September 2013 / Sarah Johnson
Issue: 7574 / Categories: Opinion , Employment
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Zero tolerance

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Should we call time on zero hours contracts, asks Sarah Johnson

Zero hours contracts hit the headlines recently with calls for a ban from some unions. Why all the fuss?

Increasing numbers is one reason. Around one million people in the UK (3–4% of the labour force) now work on zero hours contracts, according to research by the Chartered Institute of Personnel Development (CIPD); about four times more than recent figures from the Office for National Statistics suggested. Although increasingly common, there is some uncertainty about what they are.

What is a zero hours contract?

Zero hours contracts have no strict legal definition. Those working under them may be employees, workers or self-employed. Legal status depends on how the relationship works. Key features are that the individual can be called upon as required, with no set hours, being paid only for work done.

Employment status requires mutuality of obligation (the employer’s obligation to offer work and the employee’s to accept it). Contract wording is not conclusive; tribunals scrutinise how things work in practice if

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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

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