we operate a small home support agency where we value our staff and give as many of them permananet contracts as we can afford. However, the nature of the work is such that, when someone is contracted to work 30 hours pwer week, there is a good chance they may only be required for less. Up to now we have paid the 30 hours come what may, however we have now reviewed the situation and realise that some staff hardly ever work the full amount of hours as stated on their contracts. We would like to introduce a new contract that offers an amount of hours per week (eg 30) but then qualifies this with, a clause that states ‘if staff are not required for the full amount of hours because the client does not require them, they will only be paid for the hours they have worked.’
Is this do-able, and above all legal? We would be happy to be flexible and, say, pay the first week in full, but reduce it on the second week if the hours are not worked.
Note: The problem of staff being ‘under hours’ is due to the transient and changing nature of our work, and not the fault of either the staff or us as an employer.
ian wright