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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47382
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi Ben, I asked you a question yesterday about an employee

Resolved Question:

Hi Ben, I asked you a question yesterday about an employee who has resigned as he is unable to fulfil his contractual duties due to an injury, however, he has expressed an interest in returning to work here on a casual basis, doing jobs that do not effect his injury; there is currently nothing available but from December there will be. I have not responded to his resignation letter as yet, and just wondered if his contract of employment could be altered to reflect a zero hours. Or does he have to resign and be re-employed? Thank you
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello again, you have a couple of options here - you could allow the person to resign because that is what they want to do now and then advise them that they could reapply for a position when one becomes available in December - you can then employ them on whatever contract you want because they will be treated as a new employee and it would be up to them to decide whether they want to take up the position with the contract that is on offer. The other option is to allow the employee to remain on sick leave until a suitable job becomes available and then move them into that position, You can't change their contract to a zero hours one unless they agree to it and if you try and force such changes through you would need to have a pretty strong justification as to why you want to do this and not leave them on a contract with at least some guaranteed hours. But they could be willing to agree to such a contract if it means remaining in some kind of a job with you so run past the idea with them first.

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