The phrase ‘zero hours contract’ is used to describe a type of employment contract where the employee agrees to be available for work but the employer is not obliged to provide work. Essentially, this means that the employee doesn’t have any guaranteed hours of work or a minimum amount of pay.
The use of zero hours contracts has increased in recent years, with some employers using them as a way to limit their obligations to their employees. This has led to concerns about the rights of workers and whether employers can simply change an employee’s contract to zero hours.
The first thing to note is that an employer cannot unilaterally change an employee’s contract without their consent. If your employer wants to change your contract to a zero hours contract, they will need to consult with you and seek your agreement first.
However, there are some instances where an employer may be able to change your contract to a zero hours contract without your agreement. For example, if your existing contract includes a clause that allows the employer to make changes to the terms and conditions of your employment, then they may be able to change your contract to a zero hours contract. However, this will depend on the specific wording of the clause and its interpretation by a court.
It is essential to note that even if an employer is legally entitled to change your contract to a zero hours contract, they still have a duty to treat employees fairly and within the law. This means that they must ensure that zero hours workers are not being unfairly disadvantaged compared to permanent employees.
If you are on a zero hours contract, you still have employment rights, including the right to be paid for the work you do and to receive the national minimum wage. You are also entitled to holiday pay and sick pay, although these may be calculated differently compared to permanent employees.
In conclusion, an employer cannot simply change an employee’s contract to a zero hours contract without their agreement. However, there are instances where they may be able to do so if the existing contract includes a clause allowing changes to terms and conditions. It is essential to ensure that zero hours workers are not being unfairly disadvantaged and that they are still entitled to employment rights.
