Zero Hours Written Terms
Zero hours written statement
NB: Changes to the legislation were introduced from 1st September 2015 in respect of removing the 8 hour threshold for the purposes of calculating length of service and the right to claim for unfair dismissal. These changes are likely to mean that people working under zero hour contracts are employees and therefore will receive the same rights as all other employees. However this is likely to only be determined by the Tribunal.
(Name and address of individual)
Nature of Engagement:
This document sets out the terms and conditions that apply when you have accepted work from us, however nothing in these terms prevent you from accepting work from another employer. Work may be offered to you on an "ad hoc" basis and, subject to 15 below, you are free to accept or decline such offers. We are under no obligation to offer you work or re-engagement and this statement does not constitute a Contract of Employment, therefore employment rights may not accrue during periods you are not working for us.
Any amendments or additions to this statement (other than as to rate of pay) will be issued to you as a supplemental document. Work may be offered to you on an hourly basis or such longer period as may be required. When you have agreed to attend work and are unable to do so, you are required to notify us immediately, as detailed in 6 below.
1. Job Title and Location
You will work as a Zero Hours xxx or in such role as may be agreed between us from time to time. Your normal place of work will be in Jersey but you may be required to work from such place or places in Jersey as the Company shall reasonably require.
2. Commencement Date
This zero hours contract will commence (or commenced) on (date)
Original start date (for the purpose of calculating continuous service) began on (date)
3. Remuneration Hours of Work and duties
a) You will be paid only for hours worked. Your normal hourly rate will be £xx.xx or such other rate as may be specified from time to time in writing. Payment will be made weekly/monthly on (date) in arrears by cheque/bank transfer subject to deduction of Social Security contributions and Income Tax.
b) Your hours of work are conditional on various business requirements. There may be times when no work is available for you and the Company has no duty to provide you with any work at such times. However when there is work available the Company will do its best to offer work to you and will endeavour to provide you with as much notice as possible of any hours you will be required to work. Where you accept an offer of work you will devote your whole time, attention and abilities to those duties allocated to you during those hours you are required to work by the Company.
(Add sub clause c) below, if required)
c) Your duties are set out in a separate non-contractual document (job description) but the Company may in its discretion require you to undertake any duties it considers appropriate to your skills, and with appropriate training as is considered necessary.
The Company has the right to deduct from your pay any sums which you may owe the Company including any overpayments or loans made to you by the Company, or any other such sums that have been agreed.
5. Holiday Entitlement
Your entitlement to holidays and holiday pay is governed by the following provisions:‑
During each full year of service your holiday entitlement (in addition to public holidays that fall on normal working days - see JACS guidance note2 ) is 10 days (or include your own higher entitlement) with full pay. In recognition of the fact that you will work variable hours, the Company will pay you on each pay day an additional sum equivalent to 4% of pay (to be increased if entitlement is above the 2 week minimum) for each hour worked, based on the hourly rate as set out in 3 above, as amended from time to time, representing your holiday pay. No further sums will be paid to you when you take holiday.
6. Absence for any cause including sickness and injury (or insert your own terms)
In the event of your being absent for any reason on days that you have accepted work, you must advise your manager by 9.00am (or other time as required) on the first day of absence, giving reasons for your absence and its likely duration.
There is no company sick pay available for this role.
7. Grievance Procedure (or insert your own terms)
The Company has a grievance procedure through which you can seek redress for grievances.
An individual who has a grievance relating to their employment or engagement should raise the matter with their X or, if the grievance is directly associated with their X, with their manager.
If the matter is not then resolved to the individual's satisfaction, they may refer the matter to a more senior manager who was not involved in the first grievance discussion. Reference must be made in writing, and set out full details of the grievance and why the individual is dissatisfied with the decision.
The decision of the senior manager shall be final.
The grievance procedure is not to be used to challenge a disciplinary decision.
8. Disciplinary Rules and Procedure (or insert your own terms)
The Company will follow their non contractual disciplinary procedure (or is in accordance with the JACS model procedure). Appeals against any disciplinary decision must be made in writing within 7 days of the date of the written disciplinary decision, giving reasons for the appeal.
9. Pension Scheme (or insert your own terms)
There is no Company Pension Scheme and you are advised to make your own provision.
There is no provision for any redundancy payment other than as provided for under legislation.
11. Maternity (or insert your own terms)
As provided for under legislation.
12. Confidentiality and obligations (delete this clause if not required or insert your own terms)
a. You may not disclose any trade secrets or other information of a confidential nature relating to the Company or any of its associated companies or their business or in respect of which the Company owes an obligation of confidence to any third party during or after working for the business except in the proper course of your work or as required by law.
b. You must not remove any documents, or tangible items which belong to the Company or which contain any confidential information from the Company's premises at any time without proper advanced authorisation.
c. You must return to the Company upon request and, in any event, upon the termination of your engagement, all documents and tangible items which belong to the Company or which contain or refer to any confidential information which are in your possession or under your control.
d. You must, if requested by the Company, delete all confidential information from any reusable material and destroy all other documents and tangible items which contain or refer to any confidential information and which are in your possession or under your control.
13. Health and Safety (or insert your own terms)
The Company will take all reasonably practicable steps to ensure your health, safety and welfare while at work. Under the Health and Safety at Work (Jersey) Law each individual has a legal responsibility for their own welfare and for the health and safety of others. Any queries you may have relating to health and safety matters should be raised in the first instance with your Manager.
You must comply with the Company's Health and Safety Procedures for the time being in force and with the Health and Safety Policy Statement. (Employers with 5 or more staff must have a written policy)
14. General (add any special provisions here, e.g. uniform, or delete clause if notrequired)
15. Termination of Service (or insert your own terms)
Termination of engagement shall be in accordance with the provisions of the legislation (see JACS guidance note 5).
16. Collective Agreements (or insert your own terms)
No collective agreements affect the terms and conditions of your engagement.
The Company may from time to time review these terms and conditions.
Signed by the Company ........................................................... Date ..../..../....
I confirm my understanding and agreement to the Terms and Conditions of Engagement..
Signed by the Individual ........................................................... Date ..../..../