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{{org_field_name}}

Registration Number: {{org_field_registration_no}}

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Zero-Hours Contracts Policy

1. Purpose

The purpose of this policy is to provide clear guidelines on the use and management of zero-hours contracts at {{org_field_name}}. This policy ensures compliance with UK employment laws and guarantees that all individuals working under a zero-hours contract understand their rights, responsibilities, and entitlements. Zero-hours contracts provide flexibility for both {{org_field_name}} and workers, but they must be used fairly and in accordance with legal requirements.

2. Scope

This policy applies to all individuals engaged under a zero-hours contract at {{org_field_name}}, including healthcare professionals, administrative staff, and support workers. It outlines the conditions of engagement, pay, holiday entitlement, working hours, and other employment rights associated with zero-hours contracts.

3. Definition of a Zero-Hours Contract

A zero-hours contract is an employment contract in which {{org_field_name}} is not obligated to offer a minimum number of working hours, and the worker is not obligated to accept work when offered. A zero-hours contract is a contract under which the Company does not guarantee any minimum working hours and the individual is not required to accept work when offered. Individuals engaged on a zero-hours basis may have the legal status of ‘worker’ or ‘employee’ depending on the facts and the written terms. The Company will confirm each individual’s status in their contract/written statement and will comply with the statutory rights that apply to that status, including (as applicable) paid holiday, National Minimum Wage/National Living Wage, rest breaks and protection from unlawful deductions.

4. Terms of Engagement

• Zero-hours workers will be engaged on an as-needed basis, depending on operational requirements.
• Work assignments will be offered based on business needs, and acceptance of work is at the worker’s discretion.
• There is no obligation for {{org_field_name}} to provide a set number of hours, nor for the worker to accept all offered shifts.
• Work will be assigned fairly, and managers will not penalise workers for declining shifts.

5. Pay and Benefits

• Zero-hours workers will receive payment for hours worked at the agreed rate stated in their contract.
• Payment will be made on a weekly/monthly basis, as specified in the contract.
• Overtime rates will apply only where specified in the contract.
• Holiday entitlement and holiday pay will be calculated and paid in accordance with the Working Time Regulations 1998 as amended. For leave years starting on or after 1 April 2024, the Company may apply the statutory accrual method for irregular hours workers and part-year workers and (where chosen and contractually documented) may use rolled-up holiday pay, calculated at 12.07% of pay for hours worked, provided this is clearly itemised on payslips and applied only to eligible worker types.
• Payslips will be provided in compliance with employment law.

6. Holiday Entitlement

Zero-hours workers are entitled to the statutory minimum paid annual leave of 5.6 weeks per leave year (pro-rated where appropriate). Holiday entitlement and pay will be administered using one of the lawful methods below, depending on the individual’s working pattern and the Company’s payroll approach:

a) Standard method (most workers): holiday is taken as paid time off and holiday pay is paid when leave is taken, calculated in line with statutory rules.

b) Irregular hours / part-year workers (leave years starting on or after 1 April 2024): holiday entitlement may accrue at 12.07% of actual hours worked in a pay period, up to the statutory maximum. Where the Company chooses (and the contract states), holiday pay may be paid as rolled-up holiday pay and must be clearly itemised on payslips.

7. Rest Breaks and Working Hours

• Zero-hours workers are entitled to the same rest breaks as other workers:
  • A 20-minute break for every 6 hours worked.
  • 11 hours of rest between working days.
  • One full day off per week or two consecutive days off per fortnight.
• {{org_field_name}} will comply with the Working Time Regulations 1998 and ensure that workers do not exceed the 48-hour weekly working limit, unless they choose to opt out in writing.

8. Employment Rights

On or before the start of engagement, the Company will provide the individual with a written statement of terms/particulars as required by law, including key information such as pay arrangements, holiday entitlement, and any training requirements or other mandated particulars.

Zero-hours workers are entitled to the following statutory employment rights:

• National Minimum Wage or National Living Wage.
• Holiday entitlement and holiday pay.
• Protection from unlawful discrimination under the Equality Act 2010.
• Payslips detailing hours worked and earnings.
• Right to work for more than one employer. Exclusivity terms are prohibited in zero-hours contracts and (since 5 December 2022) the prohibition also covers certain low-income worker contracts. Workers must not be subjected to any detriment or dismissal for working elsewhere where exclusivity restrictions are unenforceable.
• Protection from unfair treatment for asserting statutory rights.
• Protection from harassment and discrimination. The Company will take reasonable steps to prevent sexual harassment of workers, including steps to address risks arising from third parties (e.g., clients or service users) in line with the employer preventative duty effective 26 October 2024.

9. Agency Worker Rights

Where an individual is supplied to work temporarily for and under the supervision/direction of a hirer (client), Agency Workers Regulations protections may apply. This includes certain day-one rights (e.g., access to collective facilities and information on vacancies where applicable) and, after a 12-week qualifying period in the same role with the same hirer, the right to equal treatment in key working and employment conditions (including pay and annual leave) compared with comparable direct hires, subject to statutory rules.

10. Notice Period and Termination

• Zero-hours contracts are ongoing unless terminated by either party.
• {{org_field_name}} may end a worker’s engagement by providing reasonable notice.
• Workers are required to provide notice in line with their contract if they wish to end their engagement.
• Where there is an ongoing lack of availability, the Company may (after discussion with the worker) update its staffing lists and operational planning; however, the Company will not subject any worker to a detriment for declining work where the contract does not require acceptance of shifts, and any decision to end an engagement will be made fairly, consistently and without unlawful discrimination or retaliation for asserting statutory rights.

11. Unauthorised Absence and Disciplinary Procedures

• If a zero-hours worker accepts a shift and fails to attend without prior notice, it may be considered a breach of contract.
• Frequent cancellations of accepted shifts without valid reasons may result in disciplinary action, including termination of the contract.
• Workers are expected to follow the company’s absence reporting procedures.

12. Policy Review

This policy will be reviewed annually or earlier if required due to changes in legislation or business needs. Any amendments will be communicated to all workers in writing.

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Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next Review Date: {{next_review_date}}
Copyright © {{current_year}} – {{org_field_name}}. All rights reserved.