Lack of awareness of zero-hour employment rights, new report finds

Tuesday 02 May 2023

"Work needs to be done" to ensure employers and employees understand their employment rights, according to a new study on zero-hours contracts.

A report on a study by the Jersey Employment Forum on the operation of zero-hours contracts has found that greater awareness is needed of the employment rights for those on these contracts which do not provide any minimum number of working hours.

The Jersey Employment Forum is an independent body made up of both employees and employers, which consults on employment related issues as directed by the Social Security Minister.

The study, which began in February 2022, is the first to consider the matter of zero-hours contracts since the Introduction of the Employment Law in 2005. 

A zero-hour contract is a type of employment contract between an employer and an employee whereby the employer is not obliged to provide any minimum number of working hours to the employee.

11% of Jersey's total workforce is under a zero-hour contract, with 26% of employees in hotels, restaurants and bars being employed in this way. 

Pictured: 11% of Jersey's total workforce is under a zero-hour contract, with 26% of employees in hotels, restaurants and bars being employed in this way. 

Among the report's findings is the suggestion that there is "some misunderstanding of the scope of employment rights enjoyed any employees on a zero-hour contract in Jersey."

For example, the report noted that employers frequently fail to provide a statement of terms and conditions that accurately reflects the working relationship between them and employees on zero-hour contracts. 

The report stated that employers often operate contracts for employees where the contract does not specify the hours to be worked but the employee does, in fact, work regular hours for the employer. 

While an employer is already legally obliged to provide and update a written statement of terms, the Forum has recommended that an amendment be made to Jersey Employment Law that gives employees the right to request an updated written statement of their terms of employment which reflects the reality of their working pattern.

Moreover, the Forum stated that the cancellation of work for zero-hours employees at short notice is "inherently unfair" and recommended that an employee ought to be financially recompensed in such cases as a matter of good employment practice. 

However, they did not recommend introducing a legal right to compensation, citing this move as "challenging". They added that this is an area which should be kept under review.

Pictured: The findings of the report are to be considered by Social Security Minister Elaine Miller. 

The Chair of the Employment Forum, Carla Benest, said: “The Forum has drawn on evidence provided by a wide range of business, charitable and community-based organisations, as well as individuals, and we are very grateful to them for the care they took to give the Forum their views."

Commenting on the report, the Minister for Social Security, Deputy Elaine Millar, added: “I’m grateful to the members of the Employment Forum for their report and recommendations in relation to zero hour contracts and their review of the way in which some current employment protections are working in Jersey.

"From the evidence the Forum has considered, it’s apparent that more can be done to make sure employees and employers understand their rights and responsibilities under the Employment Law. I’ll now consider the Forum’s report in detail and decide how best their recommendations can be taken forward.”