The number of zero hours contracts has increased rapidly in the past few years. Although these types of contracts can bring benefits both to employers and workers, a recent employment tribunal case involved a zero hours contract worker and her fear of reporting allegations of sexual harassment, in case her hours of work were limited. So just what are a zero hours workers legal rights?
The claimant in S v. Britannia Hotels Ltd and another worked in a hotel bar on a zero hours contract. The claimant contended that her line manager frequently asked her about her sex life and touched her inappropriately. As a result of her zero hours contract, the claimant was initially reluctant to raise a formal complaint for fear that the line manager who was harassing her would reduce her hours. The claimant had informally mentioned the problem to another line manager who advised her to lodge a written complaint, although the manager themselves took no further action.
It was only after her mother intervened did the worker eventually raise a formal grievance. After a disciplinary process lasting nearly a year no further was taken against her manager.
An employment tribunal had no doubt that the claimant's initial reluctance to complain to her employer was because she was working under a zero hours contract. The tribunal upheld her sexual harassment claim because she believed that she was reliant on her line manager to give her shifts and was reluctant to complain. The tribunal, accepting the claimant's version of events, awarded her £19,500 for injury to feelings. The tribunal was critical of the employer's investigation, particularly the failure to follow up on the worker's initial informal complaint, the lack of any clear action against the alleged perpetrator and the long delay for completing the investigation.
Together with the issue of exclusivity clauses in zero hours contracts, which is a hot topic in the upcoming General Election, this case is a good example of the unfairness of zero hours contracts and the reluctance and difficulty for workers on these contracts to complain to their employer even if the complaint is of a serious nature.
Employers should remember that the meaning of 'worker' in the Equality Act 2010 covers workers on zero hours contracts meaning that they are protected against discrimination. All complaints of discrimination or harassment should be treated consistently regardless of whether they are made by a zero hours contract worker or any other worker, so as to avoid any discrimination claims. Employers should remember also that discrimination claims within the employment tribunal are uncapped so the results can be very costly for them.
