Zero hour contract, holiday and sick pay

TELLIT01

I'm trying to find out information on behalf of my nephew.

He is an apprentice in the building trade and the firm he works for has amalgamated with another. He has been told that he is now on a zero hours contract but guaranteed 40 hours per week minimum - how can that be zero hour contract? Is somebody trying to fiddle the system here or is it something to do with him being an apprentice?
What will his rights be as far as holiday and sick pay is concerned?

This is all way outside my area of expertise. He's asked me because I used to work in DWP.

glentoran99

https://www.gov.uk/contract-types-and-employer-responsibilities/zero-hour-contracts

sangie595

TELLIT01 wrote: »

I'm trying to find out information on behalf of my nephew.

He is an apprentice in the building trade and the firm he works for has amalgamated with another. He has been told that he is now on a zero hours contract but guaranteed 40 hours per week minimum - how can that be zero hour contract? Is somebody trying to fiddle the system here or is it something to do with him being an apprentice?
What will his rights be as far as holiday and sick pay is concerned?

This is all way outside my area of expertise. He's asked me because I used to work in DWP.

It's not impossible, but if this is a formal apprenticeship, it is difficult to operate an apprenticeship on a zero hours contract, and the rules around apprentices favour contracts of employment - zero hours is worker status and not employee status. And to be honest I cannot see any circumstances in which a zero hours contract would work since he cannot possibly have the right to turn down work.

Workers holidays are the same as employees; sick pay (SSP) is the same I believe, but I am not 100% sure of that.

I would suggest that he needs a conversation with the training provider.

ohreally

As above, establish if this is a contract of apprentice as this confers greater scope and originates from common law.

http://www.cipd.co.uk/pm/peoplemanagement/b/weblog/archive/2013/08/27/get-your-apprenticeship-rights-straight.aspx

TELLIT01

Thanks everybody. This change has just been sprung on him so hopefully he'll get more in writing soon.