HI All

I wondered if anyone had come across issues with employee status for zero hours workers?

I've been asked to look at a problem in a company where they want to confirm if they need to pay redundancy to an individual who is on a zero hours terms of working.  I've looked at the most recent terms issued to that person (revised terms in 2013), and it clearly states there is no guarantee of work for the individual.  However, they have been working for the company for 12 years (!), have a job title, have been sent the staff handbook, notice period provisions, and that they will follow the company's disciplinary and grievance procedures.  The individual is now 67, there is a provision in the terms with regards to retirement age and being able to work beyond that if agreed with the company.

They are looking at a potential redundancy situation for all of their staff as the business is closing, and want to check if he would be entitled to a redundancy payment. My view would be that he is, as he has been working regular hours for the company plus his terms would indicate that he is really an employee.  

I wondered if anyone had any advice they could share, or had come across something similar?  

Many thanks

Nicola