Atypical and Flexible Working

Practice area: Employment law
ISBN: 9780414033467
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This Handbook sets out the law governing a number of different ‘atypical’ working patterns: in particular, agency work, fixed-term work, part-time work, zero hour contracts and other forms of ad-hoc working arrangements.

It also explains the right to request flexible working, and highlights the considerations applicable to three specific types of ‘atypical’ worker: apprentices, employee shareholders and posted workers.



Agency workers

  • Regulatory framework
  • Rights under the Agency Workers Regulations
  • Other statutory employment rights
  • Employment status
  • Vicarious liability

Fixed-term employees

  • Scope and coverage of the FTE Regulations
  • Equal treatment
  • Right to be informed of available vacancies
  • Right to receive written statement
  • Unfair dismissal rights
  • Protection from detriment
  • Redundancy rights
  • Successive fixed-term contracts
  • Enforcement and remedies

Part-time workers

  • Scope of PTW Regulations
  • Less favourable treatment
  • Right to written statement
  • Unfair dismissal and unlawful detriment
  • Enforcement and remedies
  • Contracting out
  • Discrimination and equal pay
  • Opportunity to work part-time

Flexible working

  • Right to request flexible working
  • Who has right to request flexible working?
  • Scope of right to request flexible working
  • Making flexible working request
  • Handling flexible working requests
  • Implementing flexible working
  • Enforcement and remedies
  • Detriment and unfair dismissal rights
  • Discrimination rights

Zero hours and other ‘atypical’ contracts

  • Zero hours contracts
  • Casual and seasonal workers
  • Annualised hours contracts
  • On-call contracts


  • Contracts of apprenticeship
  • Apprenticeship agreements
  • Statutory employment rights and protections
  • Funding for training

Employee shareholders

  • Employee shareholder status
  • Rights of employee shareholders
  • Enforcement and remedies
  • Tax implications
  • TUPE transfers
  • Termination of shareholder status

EU Posted workers

  • Background to Posted Workers Directive
  • Who is a posted worker?
  • Territorial jurisdiction to bring claims
  • When does PWD apply?
  • Rights under PWD
  • Conflict between PWD and single market freedoms
  • Enforcement
  • Protection of non-EEA workers posted within EU