Hi,

With the cancellation of exams the question of whether we should pay exam invigilators has been raised again.  Our invigilators are on zero hours contracts, with hours mutually agreed in advance.  

I attended a webinar in the first lockdown when I was advised by a large employment law firm that we should honour the hours agreed and pay them.  However, this was overturned by our financial director and we did not pay.

The situation has arisen again - we have invigilators booked for February and March and with the exams cancelled again - we do not need them.

The FD has responded as follows:

"There was no contract in place last time (i.e. during March lockdown) and the same principles apply this time.  A zero hours contract is designed to ensure there is no breach if either party changes their position or if circumstances change.  The purpose of the contract is flexibility. 

There can also be no contractual obligation to pay for an agreement which has not commenced (i.e. if no hours have been worked).  This also brings into play a financial probity issue, as to pay someone for nothing without a contractual obligation is a  breach of the Academies Financial Handbook.  Unfortunately, public funding should not be utilised on anything for which there is no obligation to pay.  Such payments are called ex gratia payments. 

However, I can accept that, with short notice for the current season, it may be politically expedient to compensate them.  In the March lockdown, the notice was not short and the season had not been booked, so there was less expectation.  This is a moral issue rather than a contractual one".

I would welcome views/comments/advice on this issue from members of the forum.....

Many thanks