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
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