The European Court of Justice has confirmed that the holiday pay of a worker on a zero hours contract placed on short-time working can be calculated on a pro rata basis.
Zero hours contracts are a useful option for employers that cannot guarantee a consistent level of work for their staff. But can an employer still rely on zero hours provisions to reduce an employee's hours after years of giving them full-time work?
In Vernon v Event Management Catering Ltd EAT/0161/07 the EAT held that a casual worker who, with the exception of a single two-week break to take a holiday, worked every week for more than three years was an employee and had sufficient continuity of service to claim unfair dismissal. He could demonstrate the existence of a contract of employment in each week during the relevant period and the period of holiday did not break his continuity of employment.
HR and legal information and guidance relating to zero hours and casual contracts.