Chapter - 1
Chapter - 1
Chapter - 1
Chapter-1
Introduction
Zero hours’ contracts, is working contracts type, is being utilized within United Kingdom for decades.
Similarly, in recent time the tendency for utilizing these type of contracts has observed a continuous
rise1. Additionally, at work, workers having zero-hours contracts are unable to enjoy benefits such as
holiday and sick leaves, bonuses as the one formal employees have, also their instable hours of working
and less salaries could be affecting adversely their basic necessities of life 2. As an outcome, there is
extensive criticism regarding zero-hours contracts. Correspondingly, categorization of such contracts
generally falls within the employment and contract law. Henceforth, description of it in legislative
manner has acquired more concern. Arguably, zero-hours contact might be adequate for some
individuals who are considering to earn occasionally and have flexible regarding their work.
Nevertheless, the working times unpredictable nature refers to the fact that it is not suitable for
everyone. Besides, Zero-hours contracts are continuously criticized for several times for annual
payments are less than the contracts that are for full time work. Lack of benefits force workers to suffer
severe pressure linked to the income that is unpredictable. Based on the ongoing uncertainty and
challenges being brought by zero-contract hours this study will be evaluating “The Impact of Zero-Hour
Contracts on the Rights and Job Security of Workers in the UK: An Analysis of Recent Legal
Developments and Case Law”.
Background
Studies reflected that legislative situation of zero-hours contract has over the period ambiguous,
specifically when it is linked to if or if not workers having zero-hours contracts are being considered
within the employment law protection 3. Arguably, as per Davies theory, question can be initially
answered through worker’s groups classification. Davies has separated workers within atypical and
typical workers. As former referring to the general employment type, and on the other side atypical
workers refers to the individual whose employment have diverged from the specific norm 4.
Subsequently, he has the perspective that it would be making essential contribution for comprehending
the legislative position of zero-hours contract through identifying these 2 worker’s types. As mentioned
by Davies, there are generally 4 traits of “typical workers”; at premises of employer; single employer; an
indefinite contract; regularly for the employer if or if not the company is busy. Generally, several of zero-
hours contracts workers had appeared in consistency with these traits 5. Furthermore, it is also studied
1
Xu, K. "The Analysis on Employment Rights of Zero-Hours Contracts." World Journal of Social Science
Research 5, no. 1 (2018): 16-21.
2
Atkinson, Joe. "Zero-hours contracts and English employment Law: Developments and
possibilities." European Labour Law Journal 13, no. 3 (2022): 347-374.
3
Kubica, Iwona, and Richard Pettinger. "17 Zero-hours contracts in the United Kingdom." The Digital
Economy and the European Labour Market (2022): 230.
4
S. Fredman, ‘Labour Law in Flux: The Changing Composition of the Workforce’ (1997) 26 ILJ; M.
Freedland, J. Prassl, and A. Adams (n 1) 3–5; L. Dickens, ‘Exploring the Atypical: Zero Hours Contracts’
(1997) 26 ILJ 262.
5
See H. Collins, ‘Independent Contractors and the Challenge of Vertical Disintegration to
Employment Protection Laws’ [1990] OJLS 353; J. Fudge, ‘Fragmenting Work and Fragmenting
Page |3
that in United Kingdom zero-hours contract is utilized for referring to massive working arrangements
range, and there has been no such consideration as zero-hours contract within English law. Though not
amenable toward precise description, zero hours’ contract core characteristics is that they are working
arrangements where employers are refusing to commit themselves in advance for making any provided
work available quantum. The specific comprehension of zero-hours contract encompasses an array of
more particular forms of unjustified work, and category is usually overlapping with other working
arrangement for instance the work of agency that is being offered on the basis of zero-hours, as well as
gig work. Though, working arrangements of zero-hours from a long time part of labour market of UK, yet
the problem of zero-hours has attracted significant amount of attention within present time in debates
of public policy. Additionally, the massive precarity constructed through ZHCs, in which workers have
been lacking any stability or certainty over the work amount they would be provided as well as the
amount they are going to be earning, is considered symbolic of massive trends in UK regarding the
standard employment relationships decline in atypical work favour. Such as, Zero-hours contract offered
accessible shorthand and focal point for critiques and assessments of changing organization of work and
nature. Arguably, Zero-hours contract within English has been the scholarly analysis subject, that have
highlighted the Zero hours contract exclusion from the employment law domain.
It is evaluated that prior studies had been focused on nature of zero-hour contract, its legislative
applicability, and theoretical application. However, there has been a gap in analyzing and evaluating it
on rights of worker in UK on basis of case laws and job security of worker. To overcome these gaps this
study is being conducted.
Research Objectives
Research Questions
Organizations: The Contract of Employment and the Scope of Labour Regulation’ (2006) 44 Osgoode
Hall Law Journal 609; J. Prassl and E. Albin, ‘Fragmenting Work, Fragmented Regulation: The Contract
of Employment as a Driver of Social Exclusion’ in M. Freedland and others (eds), The Contract of
Employment (OUP 2016).
Page |4
References
JAG Griffith, ‘The Common Law and the Political Constitution’ (2001) 117 LQR 42, 64
Xu K, ‘The Analysis on Employment Rights of Zero-Hours Contracts’ World Journal of Social
Science Research 5’ (2018), 16-21
Atkinson Joe ‘Zero-hours contracts and English employment Law: Developments and
possibilities’ European Labour Law Journal 13, no. 3 (2022) 347
Kubica, Iwona, and Richard Pettinger, ‘17 Zero-hours contracts in the United Kingdom’ The
Digital Economy and the European Labour Market (2022) 230
S. Fredman, ‘Labour Law in Flux, ‘The Changing Composition of the Workforce’ (1997) 26
Freedland, J. Prassl, and A. Adams (n 1) 3–5; L. Dickens, ‘Exploring the Atypical: Zero Hours
Contracts’ (1997) 26 ILJ 262.
See H. Collins, ‘Independent Contractors and the Challenge of Vertical Disintegration to
Employment Protection Laws’ [1990] OJLS 353; J. Fudge, ‘Fragmenting Work and Fragmenting
Organizations: The Contract of Employment and the Scope of Labour Regulation’ (2006)
44 Osgoode Hall Law Journal 609; J. Prassl and E. Albin, ‘Fragmenting Work, Fragmented
Regulation: The Contract of Employment as a Driver of Social Exclusion’ in M. Freedland and
others (eds), The Contract of Employment (2016)