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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Good Morning, Please can you advise if there are any procedures

Customer Question

Good Morning,

Please can you advise if there are any procedures required when a zero hour contracted employee has come to the end of an assigned project?

He has signed the Zero Hour contract on the 11 th June 2013, which was detailed for up to, but not over 11 months. This is the second contract of this nature issued: at the time we had various projects, which have now been concluded. There is still time left on this contract but there are no more projects.

Please advise,
Many thanks
Netta
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones : Hello, my name is Ben and it is my pleasure to assist you with your question today. Does the contract specify a notice period for termination?
JACUSTOMER-2t8zrk2w- :

Hi Ben

JACUSTOMER-2t8zrk2w- :

<Temporary employment for a period determined by an specific task/project/assignment>

<This employment is temporary and is for a fixed period starting on <date> and will continue until <task/project/assignment> has been completed to the satisfaction of the Company, at which point it will automatically terminate unless it has previously been agreed in writing by the Company that it will continue.> <Due to the nature of the <task/project/assignment> it is not possible to confirm the precise date when this employment will terminate. However, it is not expected that the period of this employment will be more than <? (less than 11) months>. In the circumstances, it is not possible for the Company to guarantee a period of employment and it is a specific condition of this employment that you understand and accept this and that you accept that your employment will terminate at the point at which <task/project/assignment> has been completed, unless, as noted above, it has previously been agreed in writing by the Company that it will continue.

Although this contract is for an unfixed and indeterminate period, the Company reserves the right at its absolute discretion to terminate your employment, subject to the terms of section 9 of this document. Any such termination of your employment could occur for any reason that the Company considers appropriate, whether operational or otherwise.>

JACUSTOMER-2t8zrk2w- :

Sorry pressed the enter button too early, i wanted to add there is another section which details termination of employment and specifies one weeks notice,

Ben Jones : Ok it does not appear this was a fixed term contract rather a casual contract to last for the duration of a specific event. However you are also obliged by law to give the employee at least a week's notice of termination, which is also reflected in the contract. When the employee does not have fixed working hours the pay they are entitled to for the notice period is something that you can calculate by averaging their weekly pay for the last 12 weeks. If you can give them work for that time then do so but of you cannot and simply wish to terminate their employment by giving them the week's notice and sending them on their way, you should pay them the weekly average for the last 12 weeks as well as any accrued holidays and terminate their employment that way
Ben Jones :

I hope this has answered your query. Please take a second to leave a positive rating, or if you are unhappy for some reason with the advice - please get back to me and I will assist further as best as I can. Thank you very much

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