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
- only when working on an assignment.
Employees/workers engaged under zero hour contracts are
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 the employment team at Worthingtons Solicitors
More on Contracts of Employment
- Amdocs Systems Group Ltd v Langton 
- Royal Cayman Islands Police Association v Commissioners of the Royal Cayman Islands Police Service 
- Is it lawful for a contract of employment to make payment of salary conditional?
- If An Employer Had A Policy Of Only Offering Fixed Term-Contracts-to Applicants Who Are Not Entitled To Permanently Reside In The UK Would Be Racial Discrimination
- In the case of a student who carries out hourly-paid work during school vacations would their holidays accrue during the unpaid absences from work?
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.