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BREXIT LEAVES UK PROTECTIONS FOR ZERO HOURS WORKERS LAGGING BEHIND EU

31/3/2021

 
By Pravin Jeyaraj
One year after Brexit, it looks like UK zero hours workers could be worse off than their counterparts in the European Union (EU).

The EU's Directive on Transparent and Predictable Working Conditions, adopted in 2019 when the UK was a member, gives zero hours workers the right:
  • a minimum notice period before the start of a shift;
  • to compensation for shifts cancelled at short notice;
  • to request a contract with more predictable and secure working conditions after six months.

If the UK had remained a member of the EU, it would have been obliged to incorporate the directive into UK law by 2022. Unfortunately, Brexit has meant that there is no need for similar legislation to be introduced here.
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Zero Hours Justice's minimum criteria for employers who use zero hours contracts closely matches the rights that would be available to zero hours workers under the Directive on Transparent and Predictable Working Conditions. We therefore back the Trade Union Congress (TUC)'s call for the government to "keep the pace with the EU on rights" and "bring forward the long-awaited employment bill to end exploitative work practices like zero-hours contracts, once and for all".

Our own analysis shows that many zero hours workers already have what are in effect long-term, regular and predictable working patterns, even it is not technically guaranteed. We see no reason why such workers should not be entitled to the protections that would be available to them if they were on permanent or fixed term contracts.

It's not only the EU that the UK is at risk of falling behind but also English-speaking common law Commonwealth jurisdictions, the very countries who similarity to the UK Brexit was meant to emphasise.  Last year, the Australian government put forward legislation that would compel employers to offer permanent contracts to casual workers who have worked for them for a year and have been in regular shifts for six months. In 2017, New Zealand effectively banned zero hours contracts, followed by Ireland on Christmas Day in 2019. A court ruling in South Africa has found that out not guaranteeing minimum hours constituted "less favourable treatment", a breach of the Labour Relations Act 2015.

In 2019, the UK did consult on a number of reforms, including compensation for shifts cancelled at short notice and minimum notice periods for cancelling shifts. Nothing much appears have to happened with that consultation. Zero Hours Justice has receive correspondence from the Department for Business, Energy and Industrial Strategy confirming that forthcoming legislation would contain a right for zero hours workers to request a more predictable contract after 26 weeks of service. The problem is that no-one knows when the proposed employment bill will materialise.

ZERO HOURS JUSTICE BACKS CALL FOR a LIVING WAGE PAY RISE fOR KEY WORKERS

31/3/2021

 
By Pravin Jeyaraj
Many key workers on zero hours contracts are not earning enough to cover the cost of living, despite being on the front line against Covid-19. 

According to research published by the Trade Union Congress (TUC), 3.2 million key workers are paid less than £10 an hour, including 75% of retail workers, 62% of carers and 69% of teaching assistants.

Many of these key workers will be on precarious zero hours contracts. According to the latest ONS figures, 10% of workers in the wholesale and retail sector are on zero hours contracts, 9.8% of workers in education are on zero hours contracts and almost 20% of workers in health and social care are on zero hours contracts. In fact, the increase in zero hours contracts to over 1 million at the height of the pandemic was powered in large part by employment in industry sectors that were on the frontline against Covid-19.
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Given the contribution of key workers during the pandemic and throughout lockdown and local restriction, we agree with the TUC that they deserve a "decent" pay rise. This is even more important for those key workers who are on insecure zero hours contracts. The precariousness of their work and income should at least be balanced, even in part, by a wage the covers the actual cost of living.

From 1 April 2021, the minimum wage for those aged 25 and over will be £8.91. By comparison, the real Living Wage is £10.85 for those in Greater London and £9.50 for those outside.

BRITISH SUMMER TIME COULD AFFECT ZERO HOURS WORKERS' PAY

29/3/2021

 
By Pravin Jeyaraj
For zero hours workers, the clocks going forward could mean more than simply losing an hour's sleep.

Twenty five percent of zero hours workers work during the night, including those in the care sector and the NHS, according to research previously published by the Trade Union Congress. 
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Yet, when the clocks went forward at 1 am on 28 March 2020 for British Summer Time, many of them would haver automatically lost an hour's work. 

Zero hours workers are paid at an hourly rate for the hours actually worked. So if they were working at 1 am, they may well end up a losing an hour's pay, compared to if they had worked on any other night.
On the plus side, if they are working when the clocks go back at 2 am on 31 October for Greenwich Mean Time, then they should be paid an extra hour. They are effectively working the hour between 1 am and 2 am twice.

But it is not enough for employers to argue that the lost hour in March is balanced by the extra hour in October. Firstly, the insecurity of zero hours contracts means that someone working 28 March may well not ben working in 31 October. Secondly, if a worker is on the minimum wage, the hourly rate in October will usually be higher than the hourly rate in March.

women outnumber men amongst public sector zero hours workers

24/3/2021

 
By Pravin Jeyaraj
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​There are significantly more women than men stuck on zero hours contracts in the public sector, according to research published by Zero Hours Justice.

Over the past 12 months, we have sent our Freedom of Information requests to all universities, local authorities and NHS trusts and organisations. Out of 798 organisations contacted, 749 responded, a response rate of 94%.
​Universities
​Category​
Number of organisations
More men than women
24
More women than men
47
No zero hours contracts or data not available
69
There are, on average, almost twice as many female zero hours workers, compared to male zero hours workers, in the 71 universities that use zero hour contracts. Some universities have three and four times as many women on zero hours contracts than men.  
​Local authorities
Category
Number of organisations
More men than women
​78
More women than men
144
No zero hours contracts or data not available
172
There are, on average, two and a half times as many female zero hours workers, compared to male zero hours workers, in the 222 local authorities across the UK that use zero hour contracts. Some local authorities have three and four times as many women on zero hours contracts than men.  Some local authorities have between six and ten times as many women on zero hours contracts than men. One local authority (North Hertfordshire District Council) even has 18 times as many women on zero hours contracts compared to men.
​NHS organisations
Category
Number of organisations
More men than women
33
More women than men
129
No zero hours contracts or data not available
90
There are, on average, more than three times as many female zero hours workers, compared to male zero hours workers, in the 142 NHs organisations across the UK that use zero hour contracts. Most organisations have between two and ten times as many women on zero hours contracts than men. 

INSECURE zero hours WORK in public sector Dominated by WOMEN

8/3/2021

 
​By Pravin Jeyaraj
There are significantly more women than men stuck on zero hours contracts in the public sector, according to research published by Zero Hours Justice on International Women's Day.

Over the past 12 months, we have sent our Freedom of Information requests to all universities, local authorities and NHS trusts and organisations. Out of 798 organisations contacted, 733 responded, a response rate of 92%.
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The data reveals that, for universities and local authorities, there are almost twice as many organisations where women on zero hours contracts outnumber men.  ​
Universities
Number of organisations
More men than women
24
More women than men
47
No zero hours contracts or data not available
69
​Source: Zero Hours Justice
Local authorities
Number of organisations
More men than women
75
More women than men
143
No zero hours contracts or data not available
166
​Source: Zero Hours Justice
For NHS employers, there are four times as many organisations where there are more women on zero hours contracts, compared men.
NHS Employers
 Number of organisations
More men than women
32
More women than men
128
No zero hours contracts or data not available
108
​Source: Zero Hours Justice
Our research reflects the Office for National Statistics' Labour Force Survey, which shows that 3.3% of women in employment are on zero hours contract, compared to 2.7% of men.

    contact

    For press enquiries or permission to reuse content, please contact:
    Pravin Jeyaraj, Communications Officer, press@zerohoursjustice.org

    Images can be downloaded from here. Image of Julian Richer should be credited to Gerardo Jaconelli. 

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