Podcast Location:
Download it here [file size: 44 MB]
Part of:
Zero Hours Masterclass CPD Training Bundle
Employment Law
CPD Points:
Up to 1 point. details »

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  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Course Aims:

This CPDcast gives an overview of the employment law status of zero hours workers. Against the considerable background of case law, it also explains the practical implications of the outcome of any such determination.

After completing the course you will:
  • Understand why employment status is important to zero hours workers;
  • Be aware of the differences between employees and workers;
  • Know how to determine whether a zero hours worker is an employee or a worker;
  • Have considered how important the written employment contract is in determining an employee’s status;
  • Know what the courts or tribunals consider when they come to examine the actual reality of a zero-hours arrangement;
  • Have considered the case law for zero hours workers;
  • Understand the most important points to consider when deciding whether an individual engaged under a zero hours contract is an employee or worker.
General Interest Difficulty: 2 of 5
Legal Principles
Market Update / Hot Topic
Sources and References:
  • Autoclenz Ltd v Belcher and others [2011] UKSC 41;
  • Consistent Group Ltd v Kalwak [2008] EWCA Civ 430 CA;
  • Cornwall County Council v Prater [2006] EWCA Civ 102;
  • Employment Rights Act 1996;
  • North Wales Probation Area v Edwards. [2007] UKEAT 0468_07_1212;
  • Part Time Workers (Prevention of Less Favourable Treatment) Regulations 1999;
  • Pulse Healthcare v Carewatch Care Services Ltd & ors [2012] UKEAT 0123/12.

In this CPDcast, Nigel Mackay, a partner from Leigh Day and employment law expert discusses the legal methodology of determining a zero hours workers’ employment status and the wider legal implications which follow.

Date Recorded 20th March 2014

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