Change to Fexible working and Zero Hours Contract amendment

[IANL]

Hi There.

I have a long serving employee who wants to change to part time flexbile working or he will retire and hand in his resignation. That's not as bad as it sounds. He was looking at Tuesday Wednesday Thursday working, but given our business that is not always going to be any good as we are weather dependant, So we mutaully agreed the best way is for us to say which days in the week / weekend we would like and he can either accept them or not. This effectively means a Zero hours contract with no obligation to offer work or for him to accept work We did advise that we will need to recruit someone to back fill his role in due course and this may mean that work may slow up with if we back fill his role. He understands this.. My questions are realting to contract /SSP calcualtion holiday Roll up.

Can we keep the same basic contract and have a variation in the SSP clauses, Holiday Clause and noting that it is now Zero hours and no obligation to provide and no obligation to accept.

I don't want to do a whole new contract as we have lots of other terms, benefits restrictions that will remain as he will still be an employee.
Thanks

 

[Newchodge]

Hi There.

I have a long serving employee who wants to change to part time flexbile working or he will retire and hand in his resignation. That's not as bad as it sounds. He was looking at Tuesday Wednesday Thursday working, but given our business that is not always going to be any good as we are weather dependant, So we mutaully agreed the best way is for us to say which days in the week / weekend we would like and he can either accept them or not. This effectively means a Zero hours contract with no obligation to offer work or for him to accept work We did advise that we will need to recruit someone to back fill his role in due course and this may mean that work may slow up with if we back fill his role. He understands this.. My questions are realting to contract /SSP calcualtion holiday Roll up.

Can we keep the same basic contract and have a variation in the SSP clauses, Holiday Clause and noting that it is now Zero hours and no obligation to provide and no obligation to accept.

I don't want to do a whole new contract as we have lots of other terms, benefits restrictions that will remain as he will still be an employee.
Thanks

I think you need to do a new contract as it is not just an agreed change. Use the existing contract a a template and amend as needed.

For SSP you need to agree which day or days will be qualifying days. There has to be at least 1 in every week. Otherwise it is unchanged.

 

[IANL]

@Newchodge Thank you. I am not 100% clear on the SSP, I have tried to read up on it. So If we say Monday is a qualifying day but we didn't offer him any work until Friday but he was 'ill' for MTWT but better on Friday how does SSP work if he is ill but we are not offering him work? Hope that makes sense

 

[Newchodge]

@Newchodge Thank you. I am not 100% clear on the SSP, I have tried to read up on it. So If we say Monday is a qualifying day but we didn't offer him any work until Friday but he was 'ill' for MTWT but better on Friday how does SSP work if he is ill but we are not offering him work? Hope that makes sense

At the moment.

SSP is paid if there is a PIW - Period of Incapacity for Work - that lasts for at least 4 calendar days. So MTWT illness is a PIW. SSP is payable after 3 qualifying days. If Monday is the only qualifying day they would have to be ill for 4 weeks and would get 1 week's SSP if still ill on the 4th Monday. The actual working day does not matter. 2 PIW's within 56 days are linked so if illness was MTWT, work Friday, next week illness SMTW, linked periods and 2 qualifying days have happened.

If there is 1 QD in the week, after 3 QD's waiting time, illness on the QD means 1 week's SSP.
If there are 7 QD's every week, every day's absence after the waiting time will attract 1/7th of 1 week's SSP.

That is going to change with SSP payable from day 1 of illness. I don't know what is going to happen about qualifying days.