39 Zero-hours and short-hours contracts in the UK: Employer and employee perspectives
as contracts that offer up to
eight hours a week of guaranteed
employment. On the face of it,
these types of contract would
appear close substitutes for
zero-hours contracts. However,
the evidence suggests there
are sometimes quite substantial
differences between the two:
both in how they are used by
employers and in their suitability to
employees.
Short-hours contracts are less
widely used by employers –
there are an estimated 400,000
employees with these types of
contract. Most employers use
either short-hours contracts or
zero-hours contracts but not both.
On average, employees on short-
hours contracts work less than
half the hours each week of zero-
hours contract employees. The
distribution of hours worked is
more compact and most short-
hours contract employees usually
work no more than a few hours
in excess of their guaranteed
minimum.
Short-hours contract employees
have very high levels of job
satisfaction. Like zero-hours
contract employees, they are less
overworked or under excessive
pressure. Unlike zero-hours
contract employees, however,
they are very positive about their
involvement in the workplace and
the learning opportunities available
to them.
These differences mean their
experience does not provide
any reliable guide to what might
happen if a minimum hours
guarantee – or the right to request
a minimum guaranteed number
of hours – was ever introduced
for existing zero-hours contract
employees.
There is room for improvement
in the operation of zero-hours
contracts but there is not a strong
case for more legislation
There are still unresolved issues
around the operation of zero-
hours contracts for at least some
employees. There has been an
increase in the proportion of
employees receiving written
statements of terms and
conditions but there is still room
for improvement here, both in
clarifying employment status and
in codifying procedures for the
cancellation of work at short notice
and termination of a zero-hours
contract. This could be achieved
in part through greater use of
model contracts, but the CIPD
also believes all workers should be
legally entitled to a written copy
of their terms and conditions not
later than after two months in
employment (currently, under the
Employment Rights Act 1996, only
employees are entitled to this).
In addition, it is unclear why
some private sector employers
have chosen to make zero-hours
contracts the norm within their
organisations. Uncertainty over
staffing requirements is unlikely
to be so pervasive that it requires
the vast majority of the workforce
to be on zero-hours contracts.
Employers who have chosen this
option should be clear with the
workforce and other stakeholders
about the reasons why they have
taken this decision, given the
likelihood of negative publicity
– which may be deserved or
undeserved.
The available evidence does
not provide a strong case for
further legislation to regulate
the use of zero-hours contracts.
The Government has introduced
legislation that prohibits
clauses preventing zero-hours
workers from working for other
organisations if their primary
employer has no work for
them. In the CIPD’s view, this
is a proportionate response to
a problem highlighted in CIPD
(2013b), which found that 20% of
zero-hours employees said they
were sometimes (17%) or always
(3%) penalised in some way for not
being available for work.
If policy-makers do want to
intervene further to improve the
rights of zero-hours workers, the
CIPD has suggested introducing
a right for zero-hours contract
workers to request regular
hours after they have been in
employment with an organisation
for 12 months. This would allow
zero-hours contract workers who
have built up a record of service
with an employer, and who work
a consistent number of hours, a
light-touch route to a reasonable
degree of stability and financial
security. However, as with the
right to request flexible working
arrangements, employers would be
able to refuse such requests when
there is an adequate business
reason for doing so.
Some opponents of zero-hours
contracts still favour an outright
ban. This could do more harm than
good. The research findings in this
report and in CIPD (2013b) suggest
that the majority of zero-hours
contract employees are satisfied
with their jobs and choose to work
in this way. Prohibiting contracts
that give employees an option
to turn work down could lead to
some employees being forced to
withdraw from the labour force.
Nor would it do much to improve
job security or financial security:
employers with little concern
for their employees’ well-being
could simply change contracts to
guarantee a very small minimum
number of hours or replace zero-
hours contracts with casual labour.