Employment Lawyers Can Answer Your Employment Law Questions
If someone is on zero hours contract then you have no obligation to give them work. You can simply give the work to others on zero hours contracts and there is no reason why you cannot do so and you do not have to justify your decision. You obviously must ensure that there is no discrimination at play, such as preferential r detrimental treatment because of age, gender, race, religion, etc.
The whole point of a zero hours contract is that there is absolutely no guarantee of work so at no point will you be obliged to give them any hours and there is also no requirement on you to justify why you have not given them any hours or why you have decided to give the hours to others instead.
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Technically yes you can. The only potential issue is if someone has worked the same hours consistently for years then they may try and argue that these have become implied contractual hours, so something they are contractually entitled to.
Case law has suggested that the following are important factors when considering whether a term has become implied in a contract:
· On how many occasions, and over how long a period, the terms in question have been applied - the more times they have been applied and the longer the period over which this has occurred, the stronger the argument they had become implied into the contract
· Whether the terms are always the same - large differences will make the argument they had become implied weaker
· The extent to which the terms are publicised generally - there must be widespread knowledge and understanding amongst the workforce that such terms were being applied
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