Zero Hours Contract for England

Contract of Employment



This Employment Contract (the "Agreement") is made between

_____________ whose Registered Office is at _____________, _____________, _____________ ("Employer")

And _____________ of _____________, _____________, _____________ ("Employee").

  1. Job Title and Description
    1. Job Title. Employee's job title is _____________.
    2. Duties and Responsibilities. _____________ Employer may require Employee to carry out other reasonable duties as required, without additional remuneration, should this be required to meet the needs of the business.
  2. Commencement of Employment. Employment will commence on _____________.
  3. Continuity of Employment.
  4. Period of Employment.
  5. Work Hours
    1. Zero Hours. Employee agrees to be available for work, should Employer offer you work. Employer has no obligation to offer Employee work at anytime. Employee is not entitled to a minimum number of hours. Where Employer does offer Employee work this does not give rise to a presumption that more work will be offered to Employee.
      1. Notice of Assignments. Employer will give Employee a minimum of _____________ days' notice of the commencement of a work assignment. Employee is required to confirm their availability _____________ days before the assignment is due to begin.
  6. Place of Work. Employee's normal place of work is _____________, _____________, _____________
  7. Work Outside the United Kingdom.
  8. Remuneration. Employee's starting base salary will be per This will be paid by on, or before, every _____________. All salary payments are subject to deduction for tax and National Insurance contributions.
  9. Deductions From Wages. Employer reserves the right to suspend Employee's employment, without pay, if Employee refuses to obey any lawful order; including, but not limited to, those orders given to comply with Employer's statutory obligations. Employer reserves the right and Employee irrevocably authorises Employer to deduct from Employee's wages/salary an amount equivalent to the following:
    1. Any overpayment of wages, salary, remuneration or other payment made to Employee during the course of this employment
    2. The amount of any expenses claimed by Employee and paid, but were subsequently disallowed by Employer
    3. Any outstanding advances or loans made by Employer to Employee
    4. The cost of repairing or replacing any property lost or damaged by Employee which belongs to Employer or any third party which was caused by Employee's negligence or dishonesty
    5. Any fine or other loss posed upon Employer due to the actions of Employee.
  10. Pension
    1. Contracting Out Certificate. A contracting out certificate under the Pensions Act 1993 is not in force.
  11. Holiday Entitlement. The holiday year begins in _____________. Employee's annual holiday entitlement is _____________ in addition to bank and public. If Employee's employment has begun after the commencement of the holiday year, then Employee will be entitled to holiday pay proportional to the length of service for the remainder of that holiday year. Holiday entitlement is to be taken at times agreed with Employee's direct line manager. Employer will endeavour to accommodate Employee's request. Employer reserves the right to decline Employee's holiday request based upon the needs of the business. Public holidays may be substituted by agreement with Employer.
    1. Employer reserves the right to require Employee to take any unused holiday entitlement, whether booked or not, during Employee's notice period.
  12. Holiday Pay. Holiday pay will be paid at the basic rate. Upon termination of employment, Employee will be entitled to pay in lieu of any unused holiday entitlement or be required to pay to Employer pay received for holiday taken in excess of holiday entitlement. Any sums so due may be deducted from any money owing to Employee and Employee irrevocably authorises Employer to make such deductions.
  13. Sickness and Injury. If Employee is absent for seven days or less, upon return to work Employee shall immediately complete a self-certification form. If Employee is absent for more than seven days, upon return to work Employee will be required to provide a medical certificate from a General Practitioner stating the reason for absence. Employee is required to remain conversant during periods of sickness or injury.
  14. Grievances. If Employee has any grievance in relation to Employee's employment, Employee should raise it with his or her direct line manager orally or in writing. In the event that it is not appropriate to raise the grievance with Employee's direct line manager, Employee should raise it with Human Resources or his or her direct line manager's manager. For further details of the grievance procedure applicable to this employment, Employee should refer to Human Resources.
  15. Disciplinary Procedure. Employer will always comply with the Statutory Procedures as a minimum. For further details of the discipline and dismissal procedure applicable to this employment, Employee should refer to Human Resources. If Employee is dissatisfied or has concerns with a disciplinary or dismissal decision Employee should apply to _____________ in writing.
  16. Termination of Employment.
    1. Employee shall give Employer _____________ weeks' notice of Employee's intention to terminate this employment;
    2. Employee's entitlement to notice from Employer shall be, subject to any probationary period, one weeks' notice after the first month of employment. After two years of continuous employment the notice period will be extended to two weeks' notice plus an additional week's notice for every continuous year of employment over two years, subject to a maximum of twelve weeks' notice;
    3. all notices of termination shall be given in writing. The periods of notice set out in this clause may by consent be varied having regard to the circumstances of the case and to what is reasonable;
    4. Employer reserves the right to pay salary in lieu of notice but nothing in these terms and conditions of employment shall prevent Employer from terminating Employee's employment without notice or payment in lieu in appropriate circumstances; and
    5. during any period of notice of termination (whether given by Employee or by Employer) Employer may require Employee not to attend Employee's place of work for the duration or part of the notice period and may at Employer's discretion relieve Employee of some or all of Employee's contractual duties during that period. During the period of notice, including any garden leave, Employee will remain an employee of Employer and remain bound by these terms and conditions. It is agreed that the period of notice is a reasonable period for garden leave. This will not affect Employee's entitlement to receive basic salary, together with a payment that reflects the value of all contractual benefits that would have been due to Employee during the period of notice.
  17. Collective Agreements. The details of the collective agreement that directly affect the terms and conditions of Employee's employment are as follows: _____________
  18. Health and Safety. Employer has a detailed health and safety policy a copy of which is available from Human Resources. Employee is required to read the policy and take all necessary steps to comply. Failure to comply may result in disciplinary action and, in serious cases, dismissal.
  19. Equal Opportunity. Employer is an equal opportunities employer. The Equal Opportunities Policy is available from Human Resources. Employee is required to read the policy and take all necessary steps to ensure that it is properly observed. Failure to comply with the terms of the policy may result in disciplinary action and, in serious cases, dismissal.
  20. Data Protection Act. Employee consents to the holding and processing of personal data provided by Employee to Employer for all purposes relating to this employment, but not limited to administering and maintaining personnel records, paying and reviewing salary and other remuneration and benefits, undertaking performance appraisals and reviews, maintaining sickness and other absence records and taking decisions as to Employee's fitness for work. Employee further acknowledges and agrees that Employer may, in the course of its duties as an employer, be required to disclose personal data relating to Employee, after the end of Employee's employment. This does not affect Employee's rights under the Data Protection Act 1988.
  21. Severability. If any of the provisions of this Agreement are found to be invalid or unenforceable by a court, tribunal or competent authority, the remainder of this Agreement shall remain in full force and effect.
  22. Changes in Terms and Conditions. Employer reserves the right to vary the terms of employment contained in this Agreement. Employer will notify Employee in writing within one month of such variation. This statement replaces all of Employee's previous terms and conditions of employment with Employer.
  23. Jursidiction. This Agreement shall be construed in all matters under the law of England and Wales and the Courts of England and Wales shall have non-exclusive jurisdiction in all matters relating thereto.

SIGN: _________________________ DATE: _____________
Print: _____________

SIGN: _________________________ DATE: _____________

Print:

On behalf of _____________

Schedule 1

Written Statement of Employment Particulars

Under the Employment Rights Act 1996

  1. Employee. _____________ of _____________, _____________, _____________.
  2. Employer. _____________ of _____________, _____________, _____________
  3. Employment Start Date. Employment will commence on _____________.
  4. Continuous Employment.
  5. Job Description
    1. Title. _____________
    2. Duties. _____________
  6. Place of Work
    1. Location. Employee's work location is _____________, _____________, _____________.
  7. Pay
    1. Amount. per
      1. Payment Frequency. Every _____________
  8. Work Hours
    1. Employee agrees to be available for work, should Employer offer you work. Employer has no obligation to offer Employee work at anytime. Employee is not entitled to a minimum number of hours. Where Employer does offer Employee work this does not give rise to a presumption that more work will be offered to Employee.
    2. Employer will give Employee a minimum of _____________ days' notice of the commencement of a work assignment. Employee is required to confirm their availability _____________ days before the assignment is due to begin.
  9. Holiday Entitlement
    1. Entitlement. Employee is entitled to _____________ in addition to bank and public holidays. The holiday year begins in _____________. If Employee's employment has begun after the commencement of the holiday year Employee will be entitled to holiday pay proportional to the length of service for the remainder of that holiday year.
    2. Public holidays may be substituted by agreement with Employer. Employer reserves the right to require Employee to take any unused holiday entitlement, whether booked or not, during Employee's notice period.
  10. Holiday Pay. Holiday pay will be paid at the basic rate. Upon termination of employment, Employee will be entitled to pay in lieu of any unused holiday entitlement or be required to pay to Employer pay received for holiday taken in excess of holiday entitlement. Any sums so due may be deducted from any money owing to Employee and Employee irrevocably authorises Employer to make such deductions.
  11. Sickness and Injury.
    1. Scheme Terms. If Employee is absent for seven days or less, upon return to work Employee shall immediately complete a self-certification form. If Employee is absent for more than seven days, upon return to work Employee will be required to provide a medical certificate from a General Practitioner stating the reason for absence. Employee is required to remain conversant during periods of sickness or injury.
  12. Pension
    1. Contracting Out Certificate. A contracting out certificate under the Pensions Act 1993 is not in force.
  13. Notice of Termination
    1. Employee Notification. Employee shall give Employer _____________ weeks' notice of Employee's intention to terminate this employment.
    2. Employer Notification. Employee's entitlement to notice from Employer shall be, subject to any probationary period, one week's notice after the first month of employment. After two years of continuous employment the notice period will be extended to two weeks' notice plus an additional week's notice for every continuous year of employment over two years, subject to a maximum of twelve weeks' notice.
  14. Period of Employment.
  15. Collective Agreements. The details of the collective agreement that directly affect the terms and conditions of Employee's employment are as follows: _____________
  16. Work Outside the United Kingdom.
  17. Disciplinary Rules and Grievences
    1. Applicable Disciplinary Rules. The Employer will always comply with the Statutory Procedures as a minimum. For further details of the discipline and dismissal procedure applicable to this employment, Employee should refer to Human Resources.
    2. Applicable Grievence Procedure. If Employee has any grievance in relation to Employee's employment, Employee should raise it with their direct line manager orally or in writing. In the event that it is not appropriate to raise the grievance with Employee's direct line manager, Employee should raise it with Human Resources or his or her direct line manager's manager. For further details of the grievance procedure applicable to this employment, Employee should refer to Human Resources.
    3. Dissatisfaction. If Employee is dissatisfied or has concerns with a grievence, disciplinary or dismissal decision Employee should apply to _____________ in writing.

Instructions for Your Zero Hours Contract



Both Employers and Employees can have full confidence in the zero hours contract, which clearly sets forth all the important terms and conditions of employment. "Zero-hours" is the term commonly used in the UK to describe a flexible relationship between the Employee and the Employer where there are no contractually mandated working hours. Instead hours are provided depending upon the needs of the business and the Employee. The zero hours contract includes an attached Written Statement of Employment Particulars that allows both the Employer and the Employee to make easy reference to the terms they have agreed upon.

Non-Compete

The zero hours contract, like most employment contracts, allow the Employer the option of including a non-compete clause. Although non-compete clauses are valid in the UK, the Employer must take care when deciding the terms of each Employee's non-compete. It is not a matter of "one size fits all", and an Employer cannot have standardised terms for every Employee. In order for the courts to uphold a non-compete clause, the clause has to be reasonable in accordance with the Employee's position at time of signing the zero hours contract and agreeing to the clause. If the court believes that the clause is overly onerous on the Employee, then it will not be upheld. The Employer would need to show the potential for actual damages that the Employee could do in the event that the clause was not valid.

Executing the Employment Contract

A zero hours contract is a relatively easy document to execute. After employment terms are negotiated and the zero hours contract is completed, a copy should be sent in advance to the new Employee for the Employee's consideration and, if satisfied, the Employee should return a signed copy to the Employer. Upon receipt of the Employee-signed copy, the Employer should sign and provide the Employee a copy of the fully executed contract.

Please note that the language you see here changes depending on your answers to the document questionnaire.
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Zero Hours Contract

A zero hours contract sets forth the duties, expectations and benefits that make up an employment relationship when the employee has no set amount of working hours. LegalNature provides step-by-step guidance to help you create a zero hours contract tailored to your specific needs.

The agreement allows you to customise all of the necessary terms, including the payment structure, holiday entitlement, benefits, length and type of employment.

By using LegalNature’s online form builder, any employer can cut human resource costs by eliminating the need for solicitors whilst storing all documents in one safe and easily accessible place. Get started now to see how LegalNature can be powerfully leveraged to meet your business' legal needs.

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