Legitimizing Precarity: Zero Hours Contracts in the United Kingdom

Abstract

Zero hours contracts continue to be one of the most controversial topics in the UK labour market. In this chapter, we describe the ongoing growth in zero hours work and subject legal and political narratives surrounding their role in the labour market and implications for individual workers to critical scrutiny. Following a definitional overview, we first set out the most recent empirical evidence on the extent and characteristics of zero hours work. We then turn to the regulatory context, with a particular emphasis on the interaction of tax law and social security provisions with key employment law norms, including both status questions (with particular emphasis on the doctrine of mutuality of obligations) and substantive rights (including the minimum wage and working time protection). We conclude with a discussion of competing explanations and policy positions in recent public debates and offer our own analysis of the problematic implications of a multi-tier workforce in the UK labour market.