Having spent the last 6 years enjoying lie-ins, watching
daytime TV and everything else that loveable students are renowned for, I
fought my way through the rigorous B P Collins trainee contract selection
process and now find myself in employment, literally, as my first seat is in
the Employment practice group.
Joining a new job and practice group is daunting, not only
do you have to learn everyone's name and drink preferences but the quirks and
processes particular to each area of law. This is made all the more challenging
in an area such as Employment, where the law is so dynamic and ever changing.
This made me think about how
difficult it must be for employers and HR staff to keep abreast of the latest
Employment Law changes and updates. One such example is the increase in the
national minimum wage which has changed to £6.31 for employees aged 21 and over
from 1 October 2013.
Whilst undertaking some research
for an employment contract review, the recent Government discussion on 'zero
hour contracts' caught my attention. These contracts leave an employee's hours
to be worked deliberately undefined, allowing employers to have flexible
working arrangements as they are not restrained by a term in the contract of
employment. It also provides employees with the ability to pick and choose when
they actually work.
Over recent months it has come to
the Government's attention that these contracts are far more widely used than
previously realised, with an estimated one million workers in the UK having a
zero hour contract, many of which are students.
There are growing concerns that
these sorts of contracts are susceptible to abuse by employers, because
employees are usually put on to 'standby'. By doing so employers expect
employees to be available to work even though they may not be required to and
if they do not work then they do not receive payment.
It is understandable that there
are benefits for both sides from such an employment relationship. This means
that employers have the ability to tailor every day the number of employees
working to meet particular business requirements. For example, in the run up to
Christmas, retailers can ask staff to work more shifts than they might do
during the summer months. This allows the business to manage their cash flow
more effectively and to use their staffing resources more efficiently, which is
all the more important given the tough economic environment that exists at
present for retailers.
The workforce also enjoys the
added benefits of these contracts. As a former student, I can completely
understand the novelty of being able to pick and choose your working hours
around your, ahem, 'studies'. However, students and other workers on similar
contracts should be aware from the outset what their status and subsequent
rights under their contracts are. Those unsure about this then they should ask
their employer to clarify these for them.
Employers need to be aware of the
drafting of a zero hour contract. They must ensure their staff is made fully
aware of the relevant terms when they are presented with the contract, so that
the employee understands the nature of the contract, their rights under it and
what is expected from them.
At B P Collins, we offer a
complimentary employment contract review service for businesses who might be
concerned that their employment contracts are not providing the legal coverage
which they would hope to achieve.
Dealing with such issues in my
training contract does bring what I learnt at University to life and reassures
me that those 6 years studying didn't just prepare me for making beans on
toast. How to come to terms with not watching 'Countdown' everyday though is
something I certainly was not prepared for.
Posted by Thomas Bird, trainee in the employment practice.
Thomas Bird started his training contract with B
P Collins in September 2013. He graduated with a first class honours
in International Business in 2010 before completing a Masters in Law at the
University of Sheffield, attaining a commendation. Thomas worked as a
paralegal within the Litigation and Dispute Resolution team for 3 months in
2012 and also gained legal experience at a well-respected firm in Leeds in 2011.
