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Zero hours - laws

5 replies

blahblahblah321 · 08/06/2021 17:11

Hi

My 17 year old has recently started a new job in hospitality. He doesn't have set hours, so I'm assuming he has a zero hour contract - doesn't have a contract either!

A couple of questions..

Should he have a contract for this?

Holiday entitlement- is he entitled to holiday? How is it worked out?

Anything else we should be aware of?

Thanks!

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BelleBlueBell · 08/06/2021 17:16

I can't say on the contract but on the holiday absolutely everyone is entitled to that regardless of the type of contract.

Suggest he asks how they track the hours/calculates the holiday. Loads of places have app based systems linked to the clocking in but if they don't they'll be able to tell you how it's done

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Moonshine11 · 08/06/2021 17:30

I’ve done zero hour contract in the past.
I was entitled to holiday, although not sure how this was worked out.
I did have a contract to sign.
My tip would be to keep a log of everything he has worked so he can make sure pay matches, I had afew weeks where pay didn’t match hours worked.

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Limetta · 08/06/2021 20:31

My experience of kids working - is that small businesses are more likely to avoid contracts and all the associated rights - ds questioned his position and was never asked to come back to do more hours. Dd has been working for a hairdresser - it's all cash in hand - she didn't want to challenge it - they just about meet min wage but she's never received holiday pay.

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blahblahblah321 · 08/06/2021 21:14

Thanks everyone, really appreciated

Up to now they seem to be a decent establishment- he's received the tips he should, they are flexible with his shifts etc. I'm just worried about them taking the mickey with regards to holidays etc. DS already had a couple of weeks booked before he took on the job - which his boss has said is fine - I'm just wanting to make sure DS is getting what he's entitled to.

DS is working really hard for them, worked loads of shifts over college holiday etc, so I'd like to think they'd be decent back..

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Aprilx · 08/06/2021 21:19

Whilst contracts of employment are often supported by a written document, but the contract itself is formed with a verbal offer of employment and acceptance and technically does not need to be written down. However employees and workers (since April 2020 for workers) are legally entitled to be provided with a “statement of written particulars” on or before their start date.

The statement should cover everything that you might expect to see in a contract including annual leave entitlements. For those on zero hour contracts, annual leave is based on hours worked on a rolling twelve weeks basis.

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