Is this legal?

PWFZ12

I run a hotel in the midlands that’s owned by a chain based in Africa. I’ve noticed that since they bought the hotel they seem to have some rather odd principles that sometimes goes against our traditional way of doing things. But nevertheless, I’ve gone along with it. Sometimes reluctantly. However, things have taken a recent turn that I’m not at all happy with and I’m wondering if it’s even legal in the UK. 

Basically, in a bid to cut costs, they want me to lay off my zero-hour contract staff so they can replace them with workers from Africa who will earn less than the UK’s national minimum wage. Now obviously I don’t want to see any of my team leave but if push came to shove and they were told to go, I'm wondering...

A. Do my staff have any employment rights in this situation? It’s not like they’re being laid off because there’s no work. It’s simply so the owners can import workers from overseas who will be working long hours and paid less than the minimum wage. 

B. Is this even legal?

Any advice here would be very much appreciated. Thank you. 

YBR

I think in this position I'd be looking for another role elsewhere.

What little I know includes: National minimum wage does not apply to everyone - for example those who are self-employed, work experience placements, but it does apply to part-time workers and foreign workers in the UK. https://www.gov.uk/national-minimum-wage/who-gets-the-minimum-wage

You can't just make individuals redundant - redundancy applies when the Role is redundant. There is a legal process to go through - P&O fudged this by moving the roles from directly employed to through another company (contract to supply staff I guess). As I recall they cynically decided it was worth paying the costs of ignoring due process for the benefit of lower salary costs.

Despite the above, there is more-or-less no protection for employees with less than 2 years service - they can be let go without having to give a reason. If they are deemed "workers" rather than employees, they don't even that protection. https://www.gov.uk/government/publications/employment-status-and-employment-rights/employment-status-and-rights-support-for-individuals

elsien

If they go through with the plan I’d look for a job elsewhere, then report them for underpaying.
how many hours a week do your zero hour people generally work?
It won’t be a redundancy situation because the jobs are still there. The employer could just stop offering people work and try to get round it that way.
if any of them are in a union, this would be a good time to start consulting them. 

theoretica

Are these workers answering the phone, or physically on site?  They would need to meet right to work in the UK and visa legislation too which it doesn't sound like they would.  If this seems to go ahead would also be tempted to report them to modern slavery /worker exploitation looked into.

PWFZ12

Thanks for the replies, guys. The company has already been investigated by the Home Office for reasons unknown to myself but I suspect it's to do with bringing over people to the UK that do not have the right to work etc. 
My team of staff they want to replace are in housekeeping and on reception at the hotel and all of them have been with me for less than two years (it's around 18 months). I have an absolutely brilliant team at the moment and this is tearing me/us apart and is very stressful. It just doesn't feel right.

El_Torro

Legally speaking I don't see a big issue with not giving your staff any more work, especially since they are on zero hours and have been with you less than 2 years. Bringing in staff that are being paid less than minimum wage is a much bigger red flag though. I hope your employer knows what they are doing. I also hope that you don't get involved in the mess if they are doing something dodgy.

powerful_Rogue

Cover your back if you are the boss running the hotel. Could work out very expensive if they don't have the correct permissions.

https://www.gov.uk/penalties-for-employing-illegal-workers