Posted by Malcolm Gregory, Partner
New regulations in Wales on use of zero hours contracts
New regulations and statutory guidance which came into force in Wales on 2 April 2018 are set to impact on providers of domiciliary care by introducing new requirements to ensure fair treatment of their workers.
The Regulations require providers to offer workers on zero hours contracts an employment contract with guaranteed hours after the first three months. The number of guaranteed hours is calculated as the average hours worked over the first three months.
However, the requirement won’t apply if the need for work has diminished or the care worker has not performed satisfactorily during the three-month period. A zero hours worker is also free to reject the offer and remain a zero hours worker if they choose to do so.
The aim of the requirement is to address the adverse effect that the use of zero hours workers has on the quality of care.
The Regulations also require care providers to clearly distinguish between travel time and care time in its schedule of care visits and provide a copy to workers. Providers should already be recording travel and care time to ensure compliance with the National Minimum/Living Wage but the aim of this provision is to ensure that care time is not eroded by the need to travel between visits.
If you would like to discuss issues around domiciliary care employees on zero hours contracts, please get in touch with our specialist Health & Social Care team
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