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Q:  What sort of contract will I need if I want to employ staff on a flexible basis?

Mar 23 2010

Answered by: Peter Done     Ask a question

You can employ people on any basis you like as long as it is agreed. What you need to work out is the level of flexibility and hours you are going to want from your employees. Are there going to be a minimum number of hours per week that you will always want them to work? Will there be some weeks where you will not require them to do any work at all?
 
If there are no guaranteed hours, then you will be looking at a 'zero hours' contract. Bear in mind that the less security of employment and guaranteed hours that you give to your employees, the more likely they are to take up work elsewhere.
 
The contract needs to set out how it is intended to work, so you could include that there is an anticipation that the working pattern will change every eight weeks. Make sure you set out the rules in relation to giving notice for annual leave and don’t forget that the method for working out how much an employee will be paid during a period of annual leave is based on their average earnings in the previous 12 weeks, even if they have no set contractual weekly wage.
 
If you believe that there will be a minimum number of hours per week that you will expect employees to work, then you can always look at introducing a contract with those hours and look at covering the additional hours through voluntary overtime. If you are putting a minimum number of hours in the contract, then you should consider including a clause that allows you to vary the terms, including the number of hours worked per week, in accordance with business need and an express term giving you the right to place employees on lay off or short time working.

 
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