model zero hours contract of employment

8/10/2019 Model Zero Hours Contract of Employment

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MODEL ZEROHOURS CONTRACT

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You may have lots of different people contributing to the work of yourvoluntary organisation or community group.

In most cases your staff will be employeeswhether they work part-time or for a time-limited period (sometimes referred to as temporaryor fixed-term). aving employees means that the employer mustfulfil certain legal responsibilities and the individuals will benefit fromcertain statutory rights.

!thers may be self-employed" engaged to provide a specific service"such as a builder contracted to repair your premises or an accountantused to audit your annual accounts or a consultant carrying out anevaluation of a pro#ect.

!ccasionally you may have casual workers. $or example" youmight have a list of people you can call on to fill a gap when someoneis off sick or you may have a register of interpreters who you call onto carry out interpreting assignments as and when needed or a poolof cr%che assistants to look after children during &'! classes. Teworkers ca! always refuse "o do "e work a!d "ey do !o"e#pec" you "o re$ularly pro%&de "em w&" work' (ork &s o!lyoffered as a!d we! !eeded' hese casual workers will havecertain rights such as the right to receive the national minimumwage" the right to paid holiday" the right not to be discriminatedagainst. $or these types of workers" you will need a casual workerscontract.

he best way to be sure that a contract is casual is by actuallyexamining the relationship between employer and worker when theworker is notworking.

he key test as to whether a permanent contract of employmentexists is usually thought to be the consideration of )mu"ual&"y ofo*l&$a"&o!+. hat is* is the worker re+uired to work when offered it"or may they turn down work and suffer no detriment, If the worker isobliged to accept the offer of work then it is clear that a contract of

employment does indeed exist" albeit a ero-hours/ contract (seebelow).

Zero Hours Co!"rac"s

0 ero hours contract/ is a perma!e!"(as opposed to casual)contract with no defined hours" but instead a re+uirement made bythe employer that the employee will work hours as set by theemployer. hese hours may alter from day to day" or week to week.$or example" a worker may work 2 hours one week" and none thefollowing week" whilst at the same time remaining an employee. 0s

can be seen" there exists a mutual obligation" and therefore apermanent contract.

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4nderstandably vilified when used by exploitative employers" erohours contracts can also be seen as a positive reaction to theambiguities about the position of a casual/. 0 ero hours contract canbe seen as a positive move - acknowledging that a worker is anemployee with certain rights" and providing a place to specify thoserights" whilst at the same time acknowledging that the employercannot guarantee any particular amount of work.

0 ero hours contract can resolve a potentially expensive conflict asto whether" for example" a casual selected from a pool or bank is infact an employee with continuity of employment" because of thecustom and practice of reselecting from the pool.

&mployees on a ero hours contract are entitled to rights" includingthe right to paid leave. &ntitlements to paid leave have to becalculated according to a prescribed formula* when a worker takes a

week/s leave" that week/s pay should be worked out by taking theaverage pay over the 13 weeks immediately preceding the week in+uestion 5 but weeks where an employee has not worked at all (forexample has been off sick" or not offered any work) should not becounted.

!ther rights to pay when not at work 5 including during maternity"paternity and sick leave 5 need to be calculated according to thesame formula.

A! e#ample of a *as&c ,ero ours co!"rac" of employme!" &s

fou!d o! pa$e .'


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Employme!" r&$"s of your s"aff

4nder the &mployment 6ights 0ct 1778 and subse+uent legislation"there are a number of rights that all employees" including those onero hours contracts can en#oy. If an employer fails in their

responsibility to fulfil their legal obligations" even if the failure wasthrough ignorance" they could face penalties.

$or example an employee could complain to an employment tribunalabout the employer/s treatment of them. If they are successful inproving the complaint" the tribunal will expect the employer to paycompensation 5 for unfair dismissal this can be a basic award of up to913"::: and a compensatory award of up to 98;"


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o the notice to be given to end the employment.

$or temporary or fixed-term employees the statement should alsostate how long the employment is expected to last or give the dateemployment is expected to end.

he statement must be given to the employee within ; weeks ofthe start of work.

!ften the information is included within a written contract ofemployment.

To rece&%e a" leas" "e m&!&mum wa$e

0 minimum hourly rate is set for employees and others who arepaid for their work. $or employees aged 31 and over the minimumhourly rate is 98.:; (from 1 !ctober 3:11 normally increasingeach !ctober). here is a slightly lower rate for younger workers.

&mployers should also make deductions for national insurance"=0Y& (pay as you earn) income tax and where relevant forrepayments of student loans" and pass these on to > 6evenueand ?ustoms. $urther details from > 6evenue and ?ustoms newemployers/ helpline on :;


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918 per week or 9@":@3 per year. &mployer/s BI? is only payableon everything above this amount.

Ghen preparing annual budgets" organisations should include theemployer/s national insurance contribution. herefore" for an

accurate calculation you would need to do the followingcalculation*

&mployee/s weekly wage minus 918 (for 3:11A13)multiplied by 1.;Fmultiplied by 23 weeks of the year

To rece&%e e1ual pay

Eoth male and female employees must get e+ual pay for work ofe+ual value.

To work a l&m&"ed !um*er of ours

he employee should not work on average more than


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(excluding non-compulsory overtime) over the previous 13 weeksis divided by 13. 0ny week where the worker was not paid (asthey did no work) is skipped over and replaced by the weekbefore" bringing the total to 13 workedApaid weeks. hiscalculation provides the week/s holiday pay rate for the ero hours

worker/s leave at that particular time.

0n employer can specify when holidays are to be taken and socould clearly state that they should not be taken during busyperiods" or specify when it must be taken (during what wouldotherwise be times when the worker is obliged to be available towork).

=ayment for holiday" whether re+uested by the employee orspecified by the employer will take place at the usual time (e.g.end of week or end of month) as if the worker had been working.

To a%e "&me off for pu*l&c du"&es

&mployees can have reasonable time off for some public dutiessuch as attending meetings as a local authority councillor orgovernor of a state school. his time off need not be paid.

To a%e "&me off "o deal w&" a! emer$e!cy &!%ol%&!$ a

depe!da!"

&mployees can have reasonable unpaid time off to deal withunexpected or sudden emergencies such as an accident or illness"

relating to dependants.0 dependant is a spouse" partner" parent" child or person who livesin the same household as the employee but who is not his or herlodger" employee or boarder.

To ma"er!&"y lea%e a!d pay

0ll pregnant employees" regardless of their length of service orhours worked" have the right to 23 weeks/ maternity leave (38weeks/ ordinary leave and 38 weeks/ additional leave).

0 woman on ordinary maternity leave or additional maternity leave

is entitled to the benefit of her terms H conditions" except forremuneration (sums payable as wages or salary)" which would applyif she were not absent during the 23 weeks (e.g. accrual of annualleave).

If the employee returns to work after the 38 weeks of the ordinaryleave has ended" she is entitled to return to the same #ob on thesame terms and conditions as if she had not been absent. Ifhowever a redundancy situation has arisen" she is entitled to beoffered a suitable alternative vacancy.

If the employee returns to work after the additional leave of afurther 38 weeks has ended" she is entitled to return to the same

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#ob unless there is a reason why it is not reasonably practicable. Ifthis is the case" she should be offered a similar #ob on terms andconditions which are not less favourable than her original #ob.

=regnant employees may be entitled to up to 7 weeks/ 'tatutory

>aternity =ay ('>=). '>= is paid by the employer but most of themoney can be reclaimed from the government.

o +ualify for '>=" the employee must have been employed by youfor a co!"&!uous per&od of a" leas" 54 weeks into the +ualifyingweek(which is the 12th week before the week in which the baby isdue). his period must include at least one day in the +ualifyingweek. =art weeks count as full weeks.

iagram showing the +ualifying week

Jiagram taken from the epartment of Gork and =ensions/ website www.dwp.gov.ukK

o $or example" if a pregnant employee is due to have a

baby in the week of 8 0ugust 3:13" the +ualifying weekwould have been the week of 3 0pril.

o receive '>= from the employer they would need tohave been working from 1 !ctober 3:11 or earlier.

he employee must also ear! o! a%era$e a" leas" "e LowerEar!&!$s L&m&" for Na"&o!al 6!sura!ce Co!"r&*u"&o!s (from0pril 3:11" 91:3 per week normally increased each 0pril) duringthe reference period/ up to the +ualifying week/. >ore details areavailable in > 6evenue and ?ustoms elpbook for 'tatutory>aternity =ay at www.hmrc.gov.ukAhelpsheetsAe12.pdf

If the employee does not +ualify for '>=" she may be able to claimmaternity allowance instead.

>ore information on maternity rights is available from theLovernment website* www.businesslink.gov.ukAmaternity

$or more detailed information about '>=" including help withcalculations and standard letters see www.hmrc.gov.ukAemployersAor call the >6? &mployer/s elpline on :;


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To pa"er!&"y lea%e a!d pay

$athers or partners of mothers (male or female) may be entitled toeither 1 week or 3 consecutive weeks/ paternity leave (not odddays). o +ualify" the employee must have been employed by you

for a co!"&!uous per&od of a" leas" 54 weeksinto the+ualifying week(which is the 12th week before the week in whichthe baby is due).

o +ualify for 'tatutory =aternity =ay ('==) employees must earnat least the ower &arnings imit for Bational Insurance?ontributions (from 0pril 3:11" 91:3 per week normally increasingeach 0pril).

'== is paid by the employer but most of the money can bereclaimed from the government.

In addition where the mother has returned to work without usingher full maternity leave entitlement" the employee taking paternityleave will be able to take add&"&o!al pa"er!&"y lea%e up to amaximum of 38 weeks.

>ore information on paternity rights is available from theLovernment website* www.businesslink.gov.ukAworkandfamilies

$or more detailed information about '==" including help withcalculations and standard letters see www.hmrc.gov.ukAemployersAor call the >6? &mployer/s elpline on :;6? &mployer/s elpline on :;


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To u!pa&d pare!"al lea%e

&mployees who have worked for more than 1 year for yourorganisation and are parents of a child who is under the age of 2or is disabled and under the age of 1;" have the right to take

unpaid leave to look after their child. hey can take up to 1weeks (or 1; weeks if their child is disabled)" sub#ect to amaximum of < weeks in any one year.

To apply for fle#&*le work&!$

&mployees with a child who is under the age of 1@ or who isdisabled and under the age of 1;" or who care for an adult have aright to re+uest flexible working arrangements (such as workingpart time or partly from home). he employer must seriouslyconsider the re+uest and if they refuse they must give writtenreasons.

To rece&%e s"a"u"ory s&ck pay

&mployees must be given details of their entitlement to paid timeoff when they are ill. 'tatutory 'ick =ay (''=) is paid by theemployer but you may be able to recover some" or all" of the ''=you have paid through the =ercentage hreshold 'cheme (=').his scheme is designed to help employers who have a highproportion of their workforce sick at any one time so it is notrestricted only to small businesses. 4nless you +ualify under the='" you are not entitled to recover any of the ''= you pay to your

employees. 'ee www.hmrc.gov.ukAemployersArecover-ssp.htmformore information.

''= is not paid for the first +ualifying days" which are days thatthe employee normally works but instead are off sick.

''= entitlement depends on the employee/s 0verage Geekly&arnings in a relevant period/. o +ualify for ''=" the employeemust earn at least the ower &arnings imit for Bational Insurance?ontributions (from 0pril 3:11" 91:3 per week normally increasingeach 0pril). >ore details in the > 6evenue and ?ustoms

&mployer elpbook for 'tatutory =aternity =ayhttp*AAwww.hmrc.gov.ukAhelpsheetsAe1


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redundancy pay. he amount depends on the employee/s age"length of service and weekly pay.

If earnings regularly change such as under a ero hours contract"the average weekly earnings are calculated over the 13 complete

weeks before the calculation date. he calculation date is the datewhen the employer gives the minimum notice to the employer.$urther information on handling redundancy fromwww.businesslink.gov.ukAredundancyandwww.acas.org.ukAindex.aspx,articleidN@


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0ll employees dismissed at any time whilst they are pregnant orduring maternity leave have the right to be given written reasonsfor their dismissal.

0ll employees who have worked for your organisation for at least 1

year must be given written reasons for dismissal within 3 weeks ofa re+uest.

To *e $&%e! !o"&ce of "erm&!a"&o! of employme!"

&mployees who have worked for an organisation for one calendarmonth are entitled to at least one week/s notice. 'tatutory noticeperiod increases by one week with each completed year of work upto a maximum of 13 weeks for 13 and more years/ service.

To *e pro"ec"ed as a resul" of w&s"le*low&!$

Ghistleblowing" or public interest disclosure" is when a workerreports a concern about the improper actions or omissions of theircolleagues or their employer which may cause harm to others or tothe organisation. &mployees are protected from being dismissedor victimised as a result.

To *e a*le "o 7o&! a "rade u!&o!

&mployees have the right to belong to a trade union and to takepart in union activities outside working hours" and during workinghours if this is agreed by the employer.

To !o" *e "rea"ed less fa%oura*ly *ecause of par"-"&me or

fed-"erm s"a"us

=art-time and fixed-term employees (including those on ero hourscontracts) have the same rights as comparable full-time employeesand should not be treated less favourably.

To *e offered mem*ers&p of a s"akeolder pe!s&o! 8&f "ere

are 3 or more employees9

&mployees (including those on ero hours contracts) can choosewhether they wish to #oin the scheme" and employers can choose

whether to make contributions. $or details on how to set up astakeholder pension see*www.thepensionsregulator.gov.ukAemployers.aspx

$rom !ctober 3:13 (phased in over a number of years with smallorganisations not affected until 3:1< to 3:18)" employers will haveto enrol their workers into a workplace pension scheme to whichthey will have to contribute a minimum of per cent of a worker/s+ualifying earnings by 3:1@. >ore details fromwww.dwp.gov.ukApolicyApensions-reformandwww.thepensionsregulator.gov.ukApensions-reform.aspx.

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http://www.thepensionsregulator.gov.uk/employers.aspxhttp://www.dwp.gov.uk/policy/pensions-reformhttp://www.thepensionsregulator.gov.uk/pensions-reform.aspxhttp://www.thepensionsregulator.gov.uk/employers.aspxhttp://www.dwp.gov.uk/policy/pensions-reformhttp://www.thepensionsregulator.gov.uk/pensions-reform.aspx


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MODEL ZERO HOURS CONTRACTO: EM;LO/MENT

his is a basic example of a ero hours contract of employment.>any organisations will want to add extra terms and conditions thatare appropriate to their work and to their working relationship withtheir staff. ?ontact your local ?C' or =&0?e for further advice if youwant to add any other terms and conditions.

(a" "e law re1u&res

here are some details that are essential under the law. hese mustbe provided in writing to your employee within ; weeks of startingwork. hese details are called the written statement of terms and

conditions. 0ll the re+uirements of this written statement areincluded in this model contract.


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If you do need to vary the contract at a later date" you should discussthe changes with the employee. If they agree to the changes" thedetails should be written down. his could be in a letter" and both theemployer and employee should sign the letter to show theiragreement. Eoth the employer and the employee should then get a

copy of the letter.

$or further guidance about contracts of employment including varyingcontracts" please contact your local ?C' or =&0?e.

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9 Name a!d address of employer0

You must fill in the name of your organisation and its full address.

his is essential for the written statement.

Name of employee0

You must fill in the full name of the employee.


59 Da"e we! employme!" *e$a!0

You must fill in the start date when the employee first beganworking at your organisation.


If you renew the contract or change the employee/s #ob title or any

other terms or there are gaps between periods when the employeeis actually re+uired to do work" this start date will neverthelessalways remain the same.

his is known as the date when co!"&!uous employme!" beganand is important for accruing employee rights linked to length ofservice.

ere" a $lo*al co!"rac" of employme!" continues to existbetween periods of work. he employer is under a continuingobligation to provide work in the future" and the employee is under

an obligation to turn up for work when offered" although theamount of work may vary from week to week. herefore there is amu"ual&"y of o*l&$a"&o!unlike the situation for casual workerswho can turn down work" and where the organisation does nothave to offer them any work.

=9 /ou are employed as 0

/our du"&es are as se" ou" &! your 7o* descr&p"&o!'/our 7o* descr&p"&o! does !o" form par" of your co!"rac" of

employme!" a!d may ca!$e from "&me "o "&me'

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You must fill in the name given to the #ob such as ?o-ordinator"irector" !fficer" 0dministrator" =ro#ect >anager etc.

his is not a re+uirement of the written statement but it is usual toinclude it in the contract.

he employer should give a copy of a #ob description to theemployee.

It is better not to include the #ob description in the contract as itwill be easier to update and amend the #ob description at a laterdate. owever you should still consult with the employee aboutany changes to their #ob description" and preferably get theiragreement.

.9 /our !ormal place of work &s

You must fill in the address of the place of work. If the employeeis to be expected to work at more than one place" this should alsobe indicated here.


39 /our ra"e of pay w&ll *e > per week?day?our for "eours you ac"ually work'

You must fill in details of how much the employee will be paid. Itmust be at least the national minimum wage.

?hoose either the rate for the week" day or hour depending onhow long work periods are likely to last. 'elect only one fromweek" day or hour and delete the other words.

his clause is essential for the written statement.

/ou w&ll *e pa&d o!

You must fill in details of when you will pay staff e.g. OYou will bepaid on or near to the last working day of each month. It will bepaid directly into your bank accountP or OYou will be paid byche+ue at the end of each week you workP.


49 /our work&!$ ours w&ll %ary accord&!$ "o "e workload *u"

are !o" e#pec"ed "o e#ceed ours per week'

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/our !ormal ours of work w&ll *e *e"wee! "e ours of

4nder the Gorking ime 6egulations" employees must not work for

more than ore details on calculating holiday entitlement for atypical workers

from Eusinesslink at www.businesslink.gov.ukAbdotgAactionAdetail,r.l1N1:@;2;@;@Hr.lN1:@


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You can decide when the holiday year starts for your calculationsof entitlement.

$or example you may decide that it will be the same as yourfinancial year - e.g. from 0pril 1stto >arch 1st5 so that all staff

members will have the same holiday year.!r you may decide that it will start on the same date as when theemployment started. his will mean that each staff member willhave a different start date for their holiday year.

A" "e e!d of your employme!" you w&ll *e pa&d for a!y

accrued ol&day 8"a" you are e!"&"led "o a" "a" po&!" &! "e

ol&day year92 *u" a%e !o" "ake!'

6f you a%e "ake! more ol&day "a! you a%e accrued2payme!" for "e e#cess lea%e w&ll *e deduc"ed from your

f&!al pay'

Ghen an employee leaves your organisation" you must pay themfor any statutory holiday that they are entitled to in that holidayyear but not taken. his should be included in their final salary orwages payment.

It is important to include the clause about deducting money from

the final salary for excess holiday taken. Githout this clause in thecontract" you will need the consent of the employee to make thededuction. Githout consent" it will be considered an unlawfuldeduction.

9 /ou w&ll *e o! pro*a"&o! for "e f&rs" mo!"s ofyour employme!"'

/our pro*a"&o!ary per&od may *e e#"e!ded &f more "&me &s!eeded "o assess your su&"a*&l&"y for "e 7o*'

You must fill in the number of months that the probationary periodwill last. Bormally this is 8 months" but for temporary staffworking one year or less" the probationary period could be months.

his clause is not essential but a probationary period is useful tothe employer. Eut you must set clear standards of performance forthe employee to achieve" undertake regular reviews and givesuitable feedback and training. If this is done" and the

performance is unsatisfactory" dismissal can be considered. hedismissal process should conform with the 0cas ?ode of =ractice

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for isciplinary and Lrievance =rocedures" which can bedownloaded from www.acas"org.ukAdgcode3::7.

B9 6f you are !o" a*le "o come &!"o work *ecause of s&ck!ess2

you mus" &!form your l&!e ma!a$er *y a'm o! yourf&rs" day of a*se!ce2 $&%&!$ "e reaso! for your a*se!ce a!d"e l&kely da"e of your re"ur! "o work'

6f your s&ck!ess a*se!ce las"s for more "a! @ cale!dar days2

you mus" pro%&de a med&cal cer"&f&ca"e s&$!ed *y your doc"or'

You must fill in the time by which the employee should inform theirline manager of their absence.

his clause is essential for the written statement.You may decide to develop more detailed sickness absence rulesand procedures covering areas such as fre+uent short-termsickness and long-term sickness. his can be included in aseparate sickness absence policy.

/ou may *e e!"&"led "o rece&%e S"a"u"ory S&ck ;ay 8SS;92

accord&!$ "o "e S"a"u"ory S&ck ;ay rules "a" apply a" "e

"&me'


he basic details of 'tatutory 'ick =ay is*

- he current rate of statutory sick pay is 9;1.8: per week (from 80pril 3:11" normally increasing each 0pril).

- Bo ''= is payable to employees whose average weekly earningsis less than 91:3 for the year 3:11A13.

- he employee must be sick for at least < complete days (they do

not have to be working days)- there is no ''= payment for the first days off sick from work(the +ualifying days - usually the normal working days)

'mall organisations with not many employees may be able torecover statutory sick pay from the government. $urtherinformation fromhttp*AAwww.hmrc.gov.ukAemployersAemployeeRsick.htm

'ome employers provide additional sick pay to the statutoryentitlement if they can afford it.

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9 6f a" a!y "&me you owe "e or$a!&sa"&o! mo!ey2 &" may *ededuc"ed from your salary' T&s &!cludes *u" &s !o" l&m&"ed"o o%erpayme!" of wa$es2 a day+s or par" day+s pay for eacday or par" day of u!au"or&sed a*se!ce2 dama$e caused *y!e$l&$e!ce or careless!ess a!d a!y loa! made *y "e

or$a!&sa"&o! "o you'

his clause is not essential and can be deleted but it is often usefulto include a clause about deductions from the salary. Yourorganisation will not be able to make deductions without thisclause" even if the money is owed by the employee.

9 /ou w&ll *e e!"&"led "o rece&%e ma"er!&"y2 pa"er!&"y2adop"&o! a!d pare!"al lea%e a!d a%e "e r&$" "o re1ues"

fle#&*le work&!$ &! accorda!ce w&" s"a"u"ory e!"&"leme!"s'

/ou are e!"&"led "o "ake u!pa&d "&me off "o deal w&" a!emer$e!cy &!%ol%&!$ a depe!de!"'

/ou may *e e!"&"led "o rece&%e S"a"u"ory Ma"er!&"y2 ;a"er!&"y

or Adop"&o! ;ay 8SM;2 S;; or SA;9 a" wa"e%er ra"e &s due a"

"e "&me'

It is not essential to include this clause.If it is not included" it is assumed that you will provide only thestatutory entitlement. 'ome employers provide additionalmaternity" paternity or adoption pay if they can afford it.

- he current rate of statutory maternity" paternity and adoptionpay is 913;.@ per week (from 0pril 3:11" normally increasingeach 0pril).

59 Te d&sc&pl&!ary procedure &s a""aced *u" does !o" form

par" of "&s co!"rac" a!d may *e ca!$ed from "&me "o "&me'Te full d&sc&pl&!ary procedure does !o" apply "o employeesdur&!$ "e&r pro*a"&o!ary per&od'

It is essential to have a written disciplinary procedure that includesan appeals procedure. his should be available to the employeewithin ; weeks of their starting work. It should follow there+uirements of the 0cas ?ode of =ractice for isciplinary andLrievance =rocedures" which can be downloaded fromwww.acas"org.ukAdgcode3::7. he accompanying 0cas Luide

(which can also be downloaded from the above site) includes asample disciplinary procedure for small organisations.

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Ge would recommend that the procedure is attached to thecontract but is not part of the contract. his means that anyfuture changes can be made more easily.

It is useful to not have the full disciplinary procedure apply to

probationary employees who should receive regular reviews duringthe probationary period. owever if the decision is to dismiss" there+uirements of the 0cas ?ode of =ractice for isciplinary andLrievance =rocedures should be followed.

=9 Te $r&e%a!ce procedure &s a""aced *u" does !o" formpar" of "&s co!"rac" a!d may *e ca!$ed from "&me "o "&me'Te full $r&e%a!ce procedure does !o" apply "o employeesdur&!$ "e&r pro*a"&o!ary per&od'

It is essential to have a written grievance procedure. his shouldbe available to the employee within ; weeks of their starting work.It should follow the re+uirements of the 0cas ?ode of =ractice forisciplinary and Lrievance =rocedures which can be downloadedfrom www.acas.org.ukAdgcode3::7. he accompanying 0cas Luide(which can be downloaded from the above site) includes a samplegrievance procedure for small organisations.

Ge would recommend that the procedure is attached to thecontract but is not part of the contract. his means that any

future changes can be made more easily.It is useful to not have the full grievance procedure apply toprobationary employees who should receive regular reviews andopportunities to re+uest support or raise issues during theprobationary period. owever if they want to raise a formalgrievance" the re+uirements of the 0cas ?ode of =ractice forisciplinary and Lrievance =rocedures should be followed.

.9 Te or$a!&sa"&o! w&ll $&%e you "e follow&!$ !o"&ce0

Dur&!$ "e pro*a"&o!ary per&od0Af"er "e pro*a"&o!ary per&od0 or "e s"a"u"ory

m&!&mum2 w&ce%er &s &$er'


You must fill in the name of the organisation and the length of thenotice periods during the probationary period and after theprobationary period.

It is common to have a shorter notice period during the

probationary period such as 1 week" which is also the statutory

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minimum for employees who have worked for less than twocomplete years.

ifferent employers may give different amounts of notice period 5from 1 month to months. Eut they must also fulfil the statutory

re+uirements.$or each complete year worked" the statutory notice period thatemployers must give increases by one week up to a maximum of13 weeks. $or example" an employee who has worked for fullyears would be entitled to at least weeks/ notice under the law.0n employee who has worked for 1 years would be entitled to atleast 13 weeks/ notice under the law.

/ou are re1u&red "o $&%e "e follow&!$ !o"&ce &f you wa!" "o

lea%e0Dur&!$ "e pro*a"&o!ary per&od0Af"er "e pro*a"&o!ary per&od0

his clause is essential for the written statement if you intend tohave a shorter notice period during the probationary period.

You must fill in the length of the notice periods during theprobationary period and after the probationary period. hesewould normally be the same as the periods given by the employer.

39 Tere are !o collec"&%e a$reeme!"s 8*e"wee! "eemployer a!d a "rade u!&o!9 &! force "a" affec" youremployme!"'

?ollective agreements are agreements made between an employerand a trade union affecting the terms and conditions of all thestaff. 'mall organisations are unlikely to have collectiveagreements.

If there are any collective agreements" it is essential that detailsare included for the written statement.

0ll employees have a right to #oin or not #oin a trade union underthe law" but organisations do not need to have collectiveagreements with trade unions.

49 Te or$a!&sa"&o! does?does !o" offer a s"akeolderpe!s&o! sceme'

You must fill in the name of your organisation and delete eitherdoes/ or does not/ as is appropriate.

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&mployers with five or more employees must provide access to astakeholder pension scheme if no other type of pension is offered.>ore information is available from

www.thepensionsregulator.gov.ukAemployers.aspx&mployees can choose whether they wish to #oin the scheme" andemployers can choose whether to make contributions.

If you do provide a pension scheme" you must also state if acontracting out certificate/ is in force" which means that theorganisation has opted out of the government scheme.

'ome organisations also contribute an amount e+uivalent to apercentage of the employee/s salary to the pension.

$rom !ctober 3:13 (and phased in over a number of years with

small organisations not affected until 3:1< to 3:18)" employerswill have to enrol their workers into a workplace pension schemeto which they will have to contribute a minimum of per cent of aworker/s +ualifying earnings by 3:1@. >ore details fromwww.dwp.gov.ukApolicyApensions-reformandwww.thepensionsregulator.gov.ukApensions-reform.aspx.

@9 /ou may as a! employee a%e access "o or *e $&%e!

&!forma"&o! "a" co!s&ders co!f&de!"&al' /ou sall !o"

a" a!y "&me dur&!$ or af"er "e e!d of your employme!"

d&sclose "o a!y perso!2 or make use of2 suc co!f&de!"&al&!forma"&o!'

his clause is not essential but is useful to include in all

contracts of employment" reminding employees of the

confidential nature of information used.

You must fill in the name of your organisation.

9 :or "e purposes of "e Da"a ;ro"ec"&o! Ac" BB you

$&%e your co!se!" "o "e old&!$ a!d process&!$ of

perso!al da"a pro%&ded *y you "o for all purposesrela"&!$ "o "e performa!ce of your employme!"

&!clud&!$2 *u" !o" l&m&"ed "o0

Adm&!&s"er&!$ a!d ma&!"a&!&!$ HR records

;ay&!$ a!d re%&ew&!$ salary a!d o"er remu!era"&o!

a!d *e!ef&"s

;ro%&d&!$ a!d adm&!&s"er&!$ *e!ef&"s 8&!clud&!$ &f

rele%a!"2 pe!s&o!2 or &!sura!ce9

U!der"ak&!$ performa!ce a!d f&"!ess2 appra&sals a!dre%&ews

3
http://www.thepensionsregulator.gov.uk/employers.aspxhttp://www.dwp.gov.uk/policy/pensions-reformhttp://www.thepensionsregulator.gov.uk/pensions-reform.aspxhttp://www.thepensionsregulator.gov.uk/employers.aspxhttp://www.dwp.gov.uk/policy/pensions-reformhttp://www.thepensionsregulator.gov.uk/pensions-reform.aspx


24/26

Ma&!"a&!&!$ s&ck!ess a!d o"er a*se!ce records

;ro%&d&!$ refere!ces a!d &!forma"&o! "o fu"ure

employers2 a!d &f !ecessary2 $o%er!me!"al a!d 1uas&-

$o%er!me!"al *od&es for soc&al secur&"y a!d o"er

purposes2 HM Re%e!ue a!d Cus"oms a!d "eCo!"r&*u"&o!s A$e!cy

;ro%&d&!$ &!forma"&o! "o fu"ure par"!er or$a!&sa"&o!

or or$a!&sa"&o!s w&" wom we may mer$e or "ra!sfer

a! u!der"ak&!$ "o

Tra!sferr&!$ &!forma"&o! co!cer!&!$ you "o a cou!"ry

or "err&"ory ou"s&de "e EEA'

:rom "&me "o "&me &" may *e !ecessary "o process se!s&"&%e

perso!al da"a for e#ample2 &!forma"&o! rela"&!$ "o a!&!d&%&dual+s e"!&c or&$&! for e1ual oppor"u!&"y mo!&"or&!$'

y s&$!&!$ "&s co!"rac" you a$ree "a" may old a!d

process se!s&"&%e perso!al da"a a*ou" you as "e !eeds of

"e or$a!&sa"&o! re1u&re'

You must fill in the name of your organisation in the two blankspaces above.

his is a standard clause about data protection and the use of

personal data. It allows the organisation to keep a personnel filewith contact details etc. about the employee. 0lthough including adata protection clause is not essential" it is advisable as it ensuresthat employees are aware of and consent to use of their personaldata.

owever you are expected to keep employees informed of anyadditional processing of their data" particularly sensitive personaldata/ (such as racial or ethnic origin) normally re+uiring explicitconsent for a clearly defined purpose.

he list above is not complete and you may want to consider otherpurposes for processing of data.

Far&a"&o! Clause

You may want to consider including a variation clause to provide theflexibility to make minor changes. owever as a contract is anagreement between two parties it should only be varied by mutualconsent. &ven if you choose to include such a clause you should be

very cautious about making any changes without the employee/s

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agreement. 0ny change made unilaterally" i.e. without theagreement of the employee" may expose an employer to litigationand financial risk.

0n example of such a clause is*

B9

reserves the right to make reasonable changes to anyof your terms and conditions of employment. You will benotified in writing of minor changes of detail" and anysuch change takes effect from the date of the notice orsuch other date as specified in the notice. !ther changeswill be made only after consultation" and with at least onemonth/s written notice.

6 a%e read2 u!ders"ood a!d accep" "e a*o%e "erms a!dco!d&"&o!s of employme!"'

GGGGGGGGGGGGGGGGGGGGGGDa"eGGGGGGG

S&$!a"ure of employee

GGGGGGGGGGGGGGGGGGGGGGDa"eGGGGGGGS&$!a"ure of Ca&r

&ven if the contract is not signed it is still valid.

If the employee starts work and accepts the pay" the contractbetween the employer and employee exists. Eut it is good practiceto ensure that it has been received" understood and signed.

he employer and the employee should each keep copies of thecontract.

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model zero hours contract of employment

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