Reduction in work - zero hours contract? - General - HR in Schools and Academies

1 Reduction in work - zero hours contract?

Jane | 0 Posts

17 Aug, 2020 14:15

We have a situation where a HoD is going to be working remotely for the autumn term before she goes on mat leave in January. She is supported by a Technician 6 hours a week (very small dept, no other staff). As the HoD is going to be working remotely there will be no work for the technician as all of the work is supporting the HoD in class and making sure the classroom is ready for teaching etc.

We have not had any discussions with the Technician yet but according to the HoD the Technician is extremely nervous about coming back to work anyway due to anxiety over Covid. The HoD says that the Technician has asked if she would be able to volunteer to go on to a zero hours contract (with the knowledge that there will not be any work for some time). She is currently employed on a permanent contract with less than 2 years's service. She is also currently furloughed and has been since the beginning of lockdown.

Is this something we could do? The school are keen to keep the Technician on side as she is a valued worker, however the alternative is to go down a redundancy route (as she is short service she would not be entitled to any payment)

Any advice gratefully received.

Thanks

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David | 0 Posts

17 Aug, 2020 14:52

Hi Jane

Provided the Technician freely agrees to changing to a zero hours* contract then I'd see no problems but best to obtain very clear evidenced agreement to the change. The technician will retain continuity of employment this way. Hypothetically, they'll contnue to accrue 'paid' holidays but presumably these are usually subsumed by school holidays anyhow and this shouldn't be much if any of a problem. If the technician is in a pension scheme, presumably they'll continue in membership and best to check all the implications of this with the pension administrators.

The more I think about this, it might be simpler all round were you simply to dismiss the technician as redundant. You would have to pay them full normal pay during their period of *statutory* notice (but they may be on normal pay now anyhow?) but then the technician would be able to claim eg Jobseekers Allowance and the employer wouldn't face any further complications or possible obligations. Then just re-employ at the appropriate time if you wish. Suppose this way you risk the technician drifting away to pastures new meantime but depends on exact circumstances I suppose.

* there is no clear legal definition, but meaning an 'umbrella' contract of employment but with working hours as and when needed by the employer and which may be zero hours / zero pay.
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