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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48168
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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We have an allocation of hours policy that has been in place

Resolved Question:

We have an allocation of hours policy that has been in place for about 2 years . It is non contractual . I want to get rid of this and replace with a simpler one. Our Zero hour staff will be allocated work based on BC teaching guidelines, performance and qualifications.Is there any reason I can't do this?Thsnks
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 year ago.

How long have the affected staff worked there for?

Customer: replied 1 year ago.
Depends various from 10 years to 2 months all zero hours staff . Policy is non contractual
Expert:  Ben Jones replied 1 year ago.

As this is a non-contractual policy, you do not have to worry about how to introduce it and that it may amount to a breach of contract. So the only issue here is really whether the new policy will be unlawful or unfair in any way. How you assign the hours to your workers is very much up to you, as long as it is not done in a discriminatory manner. Therefore, you must ensure that the factors you consider when allocating hours do not place anyone at a disadvantage because of their age, gender, race, religion, disability, etc. Based on what you have proposed to use, there are some potential issues, for example:
• Performance – make sure that any performance issues attributed to a disability, sickness absence due to disability or pregnancy, and so on are not taken into account when assessing someone's performance.
• Qualifications – unless it is absolutely necessary, try not to give automatic preference to more qualified staff as that can be indirect age discrimination. It could be argued that older workers are more likely to be more qualified and therefore younger workers can be placed at a disadvantage as a result.

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

Expert:  Ben Jones replied 1 year ago.

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.

Expert:  Ben Jones replied 1 year ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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