There’s less than
a week left to respond to the coalition government’s consultation on
zero-hours employment contracts (the closing date is next Thursday, 13 March). But you’ll
be wasting your time if you propose an outright ban on this controversial and increasingly
widespread type of ultra-flexible on-call working which is now used in most
sectors of the economy, especially retail, hospitality and public services, and
right across the occupational spectrum.
The Office for
National Statistics (ONS) estimates that between 2004 and 2012 the proportion
of people employed on zero-hours contracts in the UK doubled from 0.4% to 0.8% of
total employment. This represents around 250,000 people in the latter year,
though the ONS is unsure whether the estimate, obtained from the Labour Force
Survey (LFS), fully reflects the incidence of zero-hours contracts because
respondents to the LFS may not always be aware of their exact contractual
status. The ONS therefore intends to publish estimates based on a broader
methodology and will start to publish these in due course. My estimate is that
around 750,000 people were employed on zero-hours contracts in 2012, 2.5% of
total employment.
The government consultation,
launched last December by the Business Secretary, Vince Cable, is open to the
possibility of placing restrictions on the way zero-hours contracts are used. However, the basic principle at the heart of
the controversy over zero-hours contracts – i.e. that employers should be able
to hire people on contracts that offer no guarantee of work - has not been
questioned. As a result of this limited scope, the consultation process is flawed
because it addresses neither the fundamental injustice of a practice which
looks suspiciously like a 21st century version of the master-servant
relationship or the various economic drawbacks associated with it.
The Secretary of
State it seems is content to accept the argument of the employers lobby that
zero-hours contracts have been ‘unfairly demonised’. On this view the contracts
are said to be good for jobs and add to the happiness of many people employed
in this way who like the flexibility of choosing when they work; the quid pro
quo for no guaranteed hours of work is no obligation to accept work offered.
For example, the UK Commission for Employment and Skills (UKCES) last week
published the findings of a
survey of which suggests that two-thirds of people
on zero-hours contracts are satisfied with their jobs.
Supporters of the
practice admit that some bosses abuse the contracts, for example by offering
work at very short notice and then penalising people unable to meet the request
by not offering work on other occasions. The UKCES survey finds that 45% of
people on zero-hours contracts have only ‘a little, not very much or no
control’ over how many hours they work while 60% have to accept work if their
employer offers it. Supporters of zero-hours contracts are therefore not entirely
opposed to reform, albeit attributing abuses to poor management practice which
a suitable code of conduct or a bit of enlightened leadership and management
training would overcome.
Consequently, the
employers lobby is fairly relaxed about what might emerge from the current
consultation even though Dr Cable is using it to examine whether to legislate
against exclusivity clauses in zero-hours contracts which prevent people from
working for more than one employer, as well as looking at how best to make
these contracts transparent so that people on them are clear about precisely
what they have signed up to.
Yet aside from
acknowledging some problems, the consultation document adopts a generally
favourable stance towards zero-hours contracts, emphasising the flexibility and
choice they bestow on labour market participants, without subjecting the
practice to proper analytical scrutiny. In particular, the consultation document
fails to acknowledge that zero-hours contracts represent a clear departure from
what have commonly been found to be more economically efficient and socially
just forms of employment relationship.
Ideally employers should
employ people on a permanent or temporary basis, at an agreed rate of pay for
an agreed usual number of hours subject to the uncertainty of possible short
and/or long-run change in economic or market conditions. Employers implicitly accept they will bear
the cost of any very short-run or mild fluctuations in activity by continuing
to pay staff even if fewer than usual hours are required. Those employed in
turn implicitly accept that they will bear the cost of more prolonged or
permanent reductions in required hours, either in the form of job loss, a
reduction in usual hours, a lower rate of pay for usual hours, or some
combination of these outcomes.
This type of
relationship is both just and efficient. The financial burden associated with
uncertainty is shared. People in work have the security of knowing they will be
paid in the event of short-run or mild fluctuations which reduce the amount of
hours their employer can offer. And by ensuring an element of fixed wage cost into
the employment relationship employers have a greater incentive to increase the
productivity per hour of those they employ. Zero-hours contracts, by contrast,
are unjust and inefficient.
Zero-hours contracts
are unjust because employers bear none of the cost of uncertainty while those
they employ have no guarantee of work and thus no security of income (the UKCES
survey cited above finds that 57% of people on zero-hours contracts find it
difficult to budget from month to month). Zero-hours contracts also flout the
spirit of the National Minimum Wage (NMW). Although people on zero-hours
contracts are legally entitled to the NMW for the hours they work, the
entitlement is worthless at times when no work is offered.
Zero-hours contracts
are in turn inefficient because productivity suffers from their increased use. People on these contracts are always nominally
in work, adding to employment, but not necessarily always at work, depressing
measured productivity. It is no coincidence that the continued rise in
zero-hours contracts since the start of the recession has been accompanied by a
slump in productivity. Moreover by establishing the employment relationship on
as casual a basis as possible it is far less likely that employers will invest
in productivity enhancing training and development for people on zero-hours
contracts, an outcome also highlighted by the UKCES survey finding that 17% of
zero-hours contract workers have to fund their own training if they want to
progress in the labour market. Supporters of zero-hours contracts who in the
same breath stress the importance of investment in human capital to raise
labour productivity thus appear to be suffering from a severe bout of cognitive
dissonance.
The negative
impact of zero-hours contracts on productivity clearly places a question mark
over the value to the economy of the additional jobs their use has been said to
generate. This is especially true when one considers that the impact of zero-hours
contracts on unemployment is probably far less than whatever impact they have
on jobs. These contracts are most attractive to people without dependents
and/or who aren’t reliant on their zero-hours contract job for their entire regular
income, notably full-time students, who the UKCES survey finds account for 1 in
4 people on a zero-hours contracts, and also older people who may use the
occasional bit of casual work to supplement their pension. But the situation is
very different for those unemployed people who need the security of a steady
job that pays a regular wage. These are at risk of being effectively blocked out
of work if their only alternative to a pitiful but secure welfare cheque is the
insecurity of a zero-hours contract job.
All this suggest
that the best policy response to the rise of the zero-hours contract is not, as
the Business Secretary is proposing, to tackle abuse of the practice but
instead to actively discourage it. How might this be done? One approach would
be to outlaw zero-hours contracts by requiring all employment contracts to
stipulate guaranteed minimum hours. However, this would effectively reduce
flexibility and choice both to employers and those they employ. A preferable
alternative would be to allow the use of zero-hours contracts but require
employers to guarantee a day’s pay per week to people employed in this way.
The statutory guaranteed
pay level would normally reflect the agreed rate for the job in question but
could be no less than the NMW times 7.5 hours (i.e. the current UK standard
statistical definition of a day’s employment). At present this would represent
a minimum weekly wage of £47.32 for an adult on a zero-hours contract in any
week where no hours are offered. For people on zero hours contracts who usually
work fewer than 7.5 hours in a week, the pro-rata equivalent would be a
guarantee of 1.5 paid hours per week. HMRC would inspect the payment as part of
the normal process of minimum wage inspection, so no significant additional red
tape would be imposed on employers.
The merit of a
guaranteed day’s pay is that by adding a small element of fixed wage cost to
zero-hours contracts (over and above any non-wage employment costs employers
might already incur) it eases the injustice and reduces the inefficiency the
contracts cause without harming the flexibility they give to the labour market.
In so doing it also removes the fig leaf defence that the rationale for using
zero-hours contracts is to maximise flexibility rather than simply to minimise
costs by employing people on the cheap.
Opponents of this
idea will doubtless still argue that the proposed increase in wage costs might
result in job cuts. But given the minimal size of the cost increase any negative
effect on jobs is likely to be negligible, especially when considered alongside
the potential offsetting social and economic benefits. A more legitimate
concern is that employers might attempt to claw back any increase in wage costs
by offering fewer hours to zero-contract workers or lowering pay rates for
hours actually worked. However, the ability of employers to behave in this way
will, as always, depend on the state of the labour market and the relative
bargaining power of workers. Either way, the guaranteed day’s pay at least
provides people with some modest degree of wage security and the dignity which
goes with that.
In this respect,
one should also remember that ‘it will be bad for jobs and the jobless’ has
been the default position of opponents of progressive labour market reform
since time immemorial, most recently in the period before introduction of the
hourly NMW. The same voices today defending zero-hours contracts were arguing
against a statutory wage floor in the 1990s and on very similar grounds. A
minimum wage would cost jobs and all we needed were more trained and
progressive bosses who would see the business case for ‘doing good’ by their
employees. However, in a labour market which at the time included employees on
less than £1 per hour it eventually came to be accepted that in a world where
not all employers aspire to be good, or are under constant economic pressure
not to be, the very last thing you should do is make life easy for the bad
employer.
Opponents of the
NMW in the 1990s were on the wrong side of history. The same is true of those
today who think it right that people can be employed on zero-hours contracts
without any guarantee of if or when they will be paid. On the contrary, it is entirely
right that zero-hours contracts be demonised in a civilised society. Sadly, Dr
Cable’s timid consultation will not lead to the end of the practice but one can
but hope that the end will not be too far away.