Something or nothing? Government to consult on zero-hours contracts
Following widespread press coverage over the summer, the business secretary has announced that there will be a consultation on zero-hours contracts and has pledged to address any abuses revealed by this consultation.
Vince Cable’s statement mentions four ‘particular areas of concern’ arising out of an initial review: exclusivity; transparency; earning/benefits uncertainty; and balance of power.
The statement does not mention the wider issue of employment status and it is not clear to what extent the consultation will tackle this. Zero-hours contracts appear to lack one of the essential requirements for employee status — mutuality of obligation — but following the 2011 Supreme Court decision in Autoclenz v Belcher, tribunals are prepared to look beyond the terms of a written agreement to see if it reflects the true nature of the relationship, particularly for roles where there is some inequality of bargaining power between the parties…
If you are registered and logged in to the site, click on the link below to read the rest of the Hogan Lovells briefing. If not, please register or sign in with your details below.
News from Hogan Lovells
News from The Lawyer
Briefings from Hogan Lovells
With increasing internet penetration throughout the country, the e-commerce industry, like other industries in China, is growing at a swift pace.
A tribunal decision that required a committed Christian to work on a Sunday on an occasional basis in accordance with her contract of employment did not discriminate against her.
Analysis from The Lawyer
The Lawyer’s latest Top 50 litigation firms list shows that business for dispute specialists is roaring along while new in-depth detail reveals the winning strategies
The Russian legal market faces a new era as the government opens the door to greater business transparency, but not everything is open to scrutiny