Can zero hour staff be paid in lieu of untaken holidays? How can we ensure that zero hour staff take their holiday entitlement?Posted in : First Tuesday Q&A NI on 6 February 2018
It is not sufficient to pay staff on zero hour contracts in lieu of their holidays. Payment in lieu of accrued but unused holidays can only be made upon termination of employment.
The fundamental basis of zero hour contracts is the absence of mutuality of obligation. Therefore, the employer is under no obligation to offer work to the employee/worker and the employee/worker is also under no obligation to accept work offered.
An individual working under a zero hour contract may be:
- An employee during each assignment; or
- A worker, either:
- at all times;
- between assignments; or
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from Maxine Orr, Partner at Worthingtons Solicitors
More on Contracts of Employment
- McGavigan v Western Urgent Care 
- Finvola McMullan v Kian Lee T/A China Garden & Others 
- Giuseppa Santoro v Comune di Valderice, Presidenza del Consiglio dei Ministri 
- Commercial Law for Employers: Disability Related Absences and Successive Fixed-Term Contracts
- Are companies obliged to accommodate staff returning from a career break? Is it a reasonableness test and how long should this take?
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.