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.
I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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
If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.