Zero hours contracts – closing the loopholes

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Conference
2017 National Women's Conference
Date
12 October 2016
Decision
Carried

Over the past few years, national women’s conference has discussed concerns at the growing use and abuse of zero hours contracts.

According to data from the Office of National Statistics, these contracts disproportionately impact on women workers, and they are primarily focused on work traditionally undertaken by women, such as cleaning and caring work. However, there is increasing use across all fields, including widespread use throughout the NHS and generally in the public sector.

Conference has heard before of the particular challenges that face women on zero hours contracts, particularly those with caring roles who are unable to plan cover for their working hours when these are irregular and frequently unplanned, as well as the problems accessing working tax credits and the inability to budget when income is variable.

The government has been challenged to close the loopholes which allow employers to exploit those on zero hours contracts, and although they have taken some limited action, there is still glaring inequality.

There is particular complexity around the definition of workers vs employees, and employers use this to their advantage, and to avoid being subject to a multitude of employment rights which only apply to “employees”.

There is evidence of employers:

• forcing workers to adopt self-employed status – particularly women health care staff who are told by agencies of the “benefits” of being self employed, but not of the drawbacks;

• changing the job titles/roles of workers in a minor way, to avoid time limits for employment rights – which is particularly easy to do for admin/clerical workers, who are primarily women;

• avoiding redundancy payments by changing staff to zero hours contracts but then failing to offer any hours of work – effectively forcing them to leave;

• manipulating working hours so that women are unable to meet the threshold for occupational pension schemes.

Conference acknowledges the excellent work already carried out by UNISON in challenging the unfair practices which persist for workers on zero hours contracts, and calls upon the national women’s committee to work with the NEC, service groups, Bargaining Support, Labour Link and all other appropriate bodies to:

1) raise awareness of the loopholes which allow employers to exploit those on zero hours contracts;

2) issue guidance to branches on how to work with employers to ensure that unfair practices are eliminated;

3) lobby the government for further legislative change to close the loopholes and create a level playing field so that all workers benefit from all employment rights.