Zero-Hours Workers May Request Fixed Hours

The Taylor Inquiry, led by RSA Chief Executive Matthew Taylor, is anticipated to recommend that workers on zero-hours contracts be granted the right to request fixed hours. While HR and employment law experts have broadly welcomed this proposal, they caution that its success will hinge on robust enforcement mechanisms.

Support from HR and Employment Law Experts

Peter Cheese, Chief Executive at the CIPD, commented:

"Introducing the right to request fixed hours from their employer is a sensible way of enabling zero-hours workers who want more certainty over their hours to raise the issue with their employer. Allowing workers to request more consistent hours of work builds on their existing right to request more flexible hours, and is a logical step. Employers could still refuse requests for legitimate business reasons, but this proposal is a practical compromise."

Michael Ryley, Employment Partner at Weightmans, added:

"At the heart of the gig economy debate is the need to protect access to legitimate flexibility, which can benefit both businesses and employees, while clamping down on unscrupulous employment practices. The latest proposals are a welcome sign that the Taylor Review is taking a balanced approach that will avoid taking the steam out of an energised part of the economy, while closing a gap in the employment protection net that is open to abuse. By placing the onus on the worker to trigger a review of their hours, the proposals would allow employees that are happy to work without agreed hours to continue the arrangement unchallenged. This is a much more flexible way to address the problems that can be caused by zero-hours contracts than an outright ban."

Concerns Over Enforcement

Dan Peyton, Employment Partner at McGuireWoods, warned that without clear enforcement, the right to request may have limited impact:

"Without an effective enforcement mechanism for those who make the request and perhaps fear the consequences of pursuing their rights, there may still remain situations where vulnerable workers are forced into such contractual arrangements by market conditions and the need for work. Reliance on a ‘process’ such as this is likely to work only to the extent that the punishment or remedy available matches the wrongdoing and damage caused by it."

Political Context and Next Steps

Zero-hours contracts have been a prominent feature in the 2017 political party manifestos. The Labour Party has called for an outright ban, while the Liberal Democrats support the introduction of a right to request a fixed contract. Taylor’s full review is expected to be published in June.