Employment Lawyers Can Answer Your Employment Law Questions
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Please can you tell me how many years exactly you have been paying all qualifying employees sick pay for?
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Many thanks for your patience. The issue here is that if you have been paying full sick pay to zero hours staff for a number of years, the likelihood is that it would have become an implied contractual term so removing it now will be a change to their contractual terms and conditions.
If you wanted to differentiate between zero hours workers and permanent workers then that is generally fine but you could be caught out by the Part Time Workers’ Regulations which offers protection to part time workers against being treated less favourably than full time workers. If zero hours workers tend to do hours which make them part time then they could be covered by this which means that you may not automatically be able to treat the detrimentally when compared to full time workers.
In terms of changing the sick pay to 2 weeks, it is not a problem to do this to workers with less than 2 years service as you can just give them notice to terminate their current contract and issue them with the new ones. Those with more than 2 years will be more difficult to change. You can of course ask for their consent, if that is not given you could try and justify it for being necessary for a business reason, it has to be something more serious though, like money saving t save the company, etc. Otherwise, it can be quite risky.
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