BUSINESS

If you are employed then you will have a contract of employment. Even if you have no formal ‘written contract’, this does not mean that a contract does not exist. Chances are, you have a legally binding contract that is made up of one or more of the following: interviews, meetings, letters, verbal agreements, operating procedures, rotas, custom and practice.

Should we get holiday pay and sick pay? If you also work regular hours, even one hour a week, you are considered by the law to be in continuous employment . This is important because it brings some entitlements and hopefully, your boss will have let you know about these. You can expect paid holidays and sickness pay. Statutory Sick Pay (SSP) is quite limited but some employers have in-house or occupational schemes that are more generous – and you should expect to benefit from these in the unfortunate event that you are sick. Any other benefits that are afforded to other workers, who work longer hours, should not normally be denied to us, although they may be pro rata to the hours worked. There is no qualifying period for holiday pay and SSP, you should get them as soon as you start working.

Zero hours contract – really? If you only work occasionally, such as covering classes or gym shifts, then you are not in continuous employment and you might not be given these benefits. This is commonly referred to as a ‘Zero Hour Contract’ and has the benefit of being very flexible, but it means your employer does not have to commit to offering you any work. These contracts are usually used for ‘piece work’, such as a student who is available for lifeguarding or class cover during the summer holidays and occasional weekends. The employer can call you when they have got work available for you, but they have no responsibility to honour a certain number of hours each week. This also gives you the right to turn down any work that is offered for you.

Changes to hours Suppose your co-ordinator decides to cancel one of your classes or your supervisor changes your hours in the gym. This might be reasonable and needed to suit the employer’s and customers’ needs. But what about your needs? The law says that any changes should be made by agreement and I suggest you negotiate for a period of notice, say 90 days. It’s certainly not right for a group exercise instructor to turn up and see a notice on the studio door saying that his or her class is cancelled from next week! Thankfully, in our industry is that sort of thing doesn’t happen very often. If they take all your hours off you, that is dismissal or redundancy and you should ask the employer to make clear why you are being asked to leave, check that the grounds are not unfair and even whether you qualify for redundancy pay .

Self-employed? Many trainers are freelance and work for themselves on their own property - they are genuinely self-employed. But some workplaces insist on instructors being called self-employed even though we behave a bit like employees and they behave just like employers. Which is correct? If you’re curious you could check with HMRC’s online tool, you have to answer a few questions to get a view on your employment status. For example, if you work hours directed by the club, use their equipment and don’t provide your own holiday cover, you are considered employed by HMRC’s rules.

If the status quo suits you as much as the venue, then why rock the www.exerciseregister.org

boat? However, it means that you may not have any of the privileges mentioned above and your relationship will be governed by a contract to provide services as opposed to a contract of employment.

Transfer of employers Suppose your private club changes hands or your local authority leisure centre is taken over by a trust? Your terms and conditions might well be protected under the Transfer of Undertakings (Protection of Employment) Regulations, known as TUPE. Basically, this means that your rights are protected – and you certainly shouldn’t lose your job! The rules are complex and varied though so have a look closer look.

What can you do? Experience tells us that some workplaces are better than others at observing these protocols. So what do you do if you think you are being deprived? I can’t give you a simple answer but Directgov suggests trying to sort out the problem with your boss before involving a trade union or other advocate or ultimately using an Employment Tribunal. What this means is that you’ll have to deal with it the best way you can bearing in mind your relationship with your boss, the pros and cons of gaining and the fragility of your situation. If you’re ‘self-employed’ but should be employed, then you can also seek recourse to any unfairness using these routes.

Further advice This information is provided in good faith in the hope that it will be helpful, but every case is unique and you might want to get professional help before you make a move. Many workplaces recognise one or more trades union. This means that the employer affords certain concessions like paid time out to attend meetings. But actually, anyone can join any union for their support. If you work part time, union dues are likely to be in single figures per month. If this doesn’t appeal you can get advice from ACAS, your solicitor or a charity like CAB. If you are confident, you can check your facts with a reliable source like the Directgov website and make your own case to your boss, but always back up any discussions with a letter or e-mail.

Further reading Those of you with a research background (and lots of time on your hands!) might like to read some of the legislation that affects the above issues: l Employment Rights Act 1996 l Working Time Regulations 1998 l Human Rights Act 1998 l Employment Relations Act 1999 l Part-Time Workers Directive 2000

Plenty of information can be found on the government’s website http://www.legislation.gov.uk/

References 1. Varying hours per week and absences due to; sickness, holiday, pregnancy, lay-off and school term times have no effect.

2. http://www.direct.gov.uk/en/Employment/ RedundancyAndLeavingYourJob/Dismissal/DG_175834

3. http://www.hmrc.gov.uk/calcs/esi.htm 4. http://www.direct.gov.uk/en/Employment/Employees/ BusinessTransfersandtakeovers/DG_10026691

5. http://www.direct.gov.uk/en/Employment/Employees/ EmploymentContractsAndConditions/DG_10027905

6. Industrial Tribunal in Northern Ireland 7. http://www.direct.gov.uk/en/Employment/Employees/index.htm

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