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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6390
Experience:  15 years experience of advising on employment law matters
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Hi, we have an employee on a zero hour contract whom unfortunately

Resolved Question:

Hi,
we have an employee on a zero hour contract whom unfortunately we cannot employ any longer due to an internal re structure. He is at present signed off sick for one week thereafter he will advise further. Our question is, can we inform him that we can no longer sustain his hours and will be no longer employed, whilst he is off sick, or do we have to wait until he returns?
It does state in our Zero Hour Contract that we allocate his hours on a weekly basis .
Thankyou.
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. How long has he worked for you for?

Customer:

Hi Jenny,

Customer:

Hi Jenny he started 2nd dec 2013

taratill :

Thanks what is the nature of his sickness?

Customer:

respiratory problem

taratill :

Is it an ongoing problem or just a cold or virus?

Customer:

i believe its not long term

taratill :

Ok in that case there is no risk if you terminate his employment as he cannot claim unfair dismissal until he has been employed for 2 years. The only possible claim could be of discrimination on the basis of sex , race, age, disability, religion or for raising a health and safety or other complaint. This does not seem to be the case here.

taratill :

You will need to give him a weeks notice (or pay in lieu) and make a payment in lieu of outstanding accrued holiday.

taratill :

You do not need to wait for him to return.

Customer:

Is it best to send him a letter advising of the restructure and we can longer sustain his hours, enclosing his one week notice and any outstanding holiday?

taratill :

yes that is absolutely fine.

Customer:

thankyou

taratill :

No problem, I would be grateful if you would take the time to rate my answer. Thank you and all the best. Do come back to me again in the future if you need to.

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