What is the legal development?

This is more of a practical, commercial and ethical development. Zero hours contracts are often referred to as the employer taking unfair advantage of the employee, but they can also put the employer in an exposed position. In the recent case  of Southern v Britannia Hotels Ltd a zero hours worker successfully secured compensation for sexual harassment. The employment tribunal was critical of a poor investigation by Britannia Hotels and its failure to take the allegations seriously, awarding £19,500 injury to feeling compensation. However, the more interesting observation from the employment tribunal was that the claimant was particularly vulnerable as a result of her zero hours status.  The Tribunal commented that the claimant felt trapped and fearful that her shifts might be reduced if she complained.

What does this mean for employers?

The case highlights a further sense in which zero or variable hours workers are vulnerable – they may be afraid to raise any concerns about a line manager who may have control over the number of hours they work, and next month’s pay packet.   As in this case, Tribunals may have greater sympathy for zero hours workers when considering their vulnerability in any difficult situation. Employers should consider how robust their process are and try to avoid just one person being in control of a zero hours worker’s hours.