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Stuart Gentle Publisher at Onrec

Ban on zero-hour contracts for agency staff ‘unworkable’, say UK recruiters

Ban on zero-hour contracts for agency staff ‘unworkable’, say UK recruiters

With regards to today’s media headlines about the ban on zero hours for agency workers, the industry argues reforms would undermine the jobs market in a letter to the business secretary.

Amanda Trewhella, director in the employment team at national law firm Freeths, reacts to this latest news:

“In its aim to ensure more predictable working patterns for individuals, the Government has come across the tricky issue of what to do with agency workers. Given that agency workers are generally engaged for more short term and temporary cover, where the need for workers fluctuates, it is difficult to see how this can remain the case while at the same time providing predictable hours.

“Initial headlines today state that zero hours contracts will be banned, however this is not what the Employment Rights Bill provides for. Employers will only be required to make an offer of fixed hours, based on hours worked regularly during a reference period.  Agencies point to the fact that many workers prefer to have some flexibility and that this is their choice, however given that the worker can reject an offer of a fixed contract, this argument is unlikely to deter the Government in its plans as workers could stay on a zero hours contract if they wished.

“It may be some time before we have the full details as to how the right to be offered predictable terms will work,  however it would be wise for all employers to assess how they engage their staff in light of the Bill and consider whether it may be preferable to provide fixed hours rather than risk the unpredictability and additional admin burden of having to make regular offers of fixed hours which may or may not be taken up.” 

About Freeths

Freeths is a top 50 commercial law firm. Relied on by private and public sector clients including Centrica PLC, ENGIE, Aldi, Mercedes-Benz UK, Tarmac, Experian, and Lloyds Bank.

Freeths was recently awarded B Corporation (B Corp) certification, demonstrating its dedication to complying with high standards of environmental and social impact and governance.

Freeths launched the landmark High Court victory for 555 sub-postmaster clients against the Post Office, which exposed Britain's largest miscarriage of justice. The firm now advises on the subsequent GLO and Horizon Convictions Redress compensation schemes.