§ Mr. PearsonTo ask the Secretary of State for Trade and Industry if he will make a statement on(a) his Department's policy in respect of the House of Lords decision in the case of Carmichael and another v. National Power and (b) zero hours contracts. [112675]
§ Mr. Alan JohnsonThe House of Lords decided the case of "Carmichael and anotherv. National Power" in the light of its own particular facts. Whether a particular contract between a worker and a work provider is one of service or for services, or some other type, remains a common law question of mixed fact and law to be assessed on a case by case basis.
The Government consider that zero hours contracts can contribute to the flexibility necessary for a modern labour market, provided there are mutual benefits for employers and employees. The National Minimum Wage and the Working Time Regulations have significantly reduced 344W the scope for abuse of zero hours contracts, as will the regulations implementing the Part Time Work Directive when they come into force.