Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Zero hoursEmployment lawFlexible workingMinimum wage

Matthew Taylor review: expect a right to request fixed hours

by Rob Moss 23 May 2017
by Rob Moss 23 May 2017 McDonald's is giving its workers on zero-hours contracts the option to have fixed guaranteed hours
Photofusion/REX/Shutterstock
McDonald's is giving its workers on zero-hours contracts the option to have fixed guaranteed hours
Photofusion/REX/Shutterstock

Workers on zero hours contracts could be given the right to request a move to a fixed number of hours.

That is according to reports suggesting that Matthew Taylor’s review into modern employment practices, due to be published this summer, will recommend a new right for workers on zero hours contracts to secure a guaranteed number of hours.

The right to request more hours will be similar to regulations such as the right to request flexible working, as employers will have to provide “serious” business reasons to refuse the request.

Zero hours contracts and more

Non-guaranteed hours could command higher minimum wage

How to employ an individual on a casual or zero hours contract

Exclusivity clauses in zero hours contracts banned

Casual hours contract clause

Right to request flexible working

The Confederation of British Industry (CBI) backs the idea; the suggestion is one of the recommendations it has made in its submission to the Taylor review.

But sources have told the BBC that Taylor has been impressed by last month’s move by McDonald’s Restaurants to offer its 115,000 workers on zero hours contracts the option of moving to fixed contracts with a minimum number of guaranteed hours.

McDonald’s has been piloting the option for guaranteed hours for staff at 23 restaurants and has reported that 80% chose to remain on zero hours contracts, while 20% opted for a fixed number of hours.

Last month Taylor suggested that non-guaranteed hours could command a higher minimum wage, although he acknowledged that “we don’t want a proliferation of different minimum wages, because there’s something good about the fact the minimum wage is simple and everyone understands it.”

Recent figures have shown that the use of zero hours contracts is slowing. Nevertheless, the number of people on zero hours contracts hit a record high of 910,000 in the autumn of 2016. For the decade up to 2011, fewer than 200,000 people were engaged on zero hours contracts.

In its manifesto, Labour has pledged to ban zero hours contracts. But in the CBI’s written submission to the Taylor review, the business body says that a policy to reduce the number of flexible contracts or to increase the number of guaranteed hours in employment contracts would be misguided as “it assumes that all employees want the same thing”.

“Adopting objectives that have these generalisations at their heart would prevent many people from working in ways that they choose. The proposal that a higher minimum wage should apply to non-guaranteed hours is an example of this.

“It risks undermining the success and enforcement of the minimum wage by making it more complex, and would create an incentive for businesses to move to a model of having more fixed short-hours contracts rather than offering additional hours, which would penalise those who want access to more work.”

The CBI recommends that a “right to request fixed or more fixed hours should be introduced on the same basis as the right to request flexible working as a more effective tool to address these issues, without undermining workers’ options or the enforcement of the minimum wage”.

The right to request flexible working applies to all employees with 26 weeks’ service allowing them to ask for a permanent variation to their hours, time or place of work.

An employer’s refusal of an eligible employee’s request for flexible working must be based on one or more specific grounds, such as the burden of additional costs, a detrimental effect on the business’ ability to meet customer demand, or an inability to reorganise work among existing staff.

CBI recommendations to Taylor review

Other recommendations made by the CBI to the Taylor review include a call to retain the three tier system of employment status, namely employee, worker or self-employed. “Codifying them in primary legislation or changing the tests would delay rather than accelerate clarity about how the law applies to new ways of working,” says the business organisation.

However the CBI does suggest extending the right for employees to receive a written statement setting out their key terms of employment to workers, and a faster, free track in employment tribunals resolve status-only claims.

The CBI said that Swedish derogation, the model whereby temporary agency workers with a permanent agency contract continue to be paid between assignments, must be retained as an integral component of the Agency Workers Regulations. But it said the terms of Swedish derogation should be considered as part of a wider review of the regulations to ensure that they are used appropriately.

Rob Moss
Rob Moss

Rob Moss is a business journalist with more than 25 years' experience. He has been editor of Personnel Today since 2010. He joined the publication in 2006 as online editor of the award-winning website. He specialises in labour market economics, gender diversity and family-friendly working. He has hosted hundreds of webinar and podcasts, most recently on the challenges created by the coronavirus pandemic. Before writing about HR and employment he ran news and feature desks on publications serving the global optical and eyewear market, the UK electrical industry, and energy markets in Asia and the Middle East.

previous post
Commit to employing a million more older workers, says age champion
next post
Behavioural science and employee engagement: Is HR doing enough?

3 comments

Avatar
Reluctant Dissident 23 May 2017 - 11:02 pm

Why are you capitalising the word “regulations” near the beginning of this article? It’s a religion, isn’t it…. soon you’ll be referring to the PM as Her and She.

Reply
Rob Moss
Rob Moss 24 May 2017 - 8:44 am

Agree – this house style rule has been too liberally applied so we’ve changed it. No “Her” of “She” in the pipeline though

Reply
Avatar
Sarah Dowzell 25 May 2017 - 5:41 pm

I would fully support workers being given a choice!

McDonald’s figures are very interesting though. It makes me wonder if those pushing for changes are simply used to the way they have been employed for their working life and would be aghast to be in such employment. Whereas the possibly younger workforce of McDonalds value the flexibility it brings, which probably fits in better with their lives? If so, let’s hope it is a choice for workers to make themselves.

Reply

Leave a Comment Cancel Reply

Save my name, email, and website in this browser for the next time I comment.

You may also like

Employment law changes for 2022 and beyond: update...

1 Jul 2022

Pay all care workers a £10.50 hourly minimum...

30 Jun 2022

Give wellbeing a board seat: Prof Sir Cary...

30 Jun 2022

Six findings from the national living wage review

22 Jun 2022

Part-time work is lifestyle choice suggests analysis

16 Jun 2022

Bolt drivers strike as union launches workers’ rights...

15 Jun 2022

Oxford study highlights best gig economy firms to...

9 Jun 2022

The outdated views of the anti-hybrid working brigade

9 Jun 2022

Workers in London say they enjoy the office...

9 Jun 2022

Tesco appeal against fire and rehire ban to...

8 Jun 2022
  • The ultimate guide to payroll for small businesses PROMOTED | You’ve started a business that has expanded to the point of requiring more staff to meet demand. Congratulations!...Read more
  • NSPCC revamps its learning strategy with child wellbeing at its heart PROMOTED | The NSPCC’s mission is to prevent abuse and neglect...Read more
  • Diversity versus inclusion: Why the difference matters PROMOTED | It’s possible for an environment to be diverse, but not inclusive...Read more
  • Five steps for organisations across the globe to become more skills-driven PROMOTED | The shift in the world of work has been felt across the globe...Read more
  • The future of workforce development PROMOTED | Northumbria University and partners share insight...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2022

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2022 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+