zero hours contract and

[iD] · 15 May 2015 at 6:16PM

Hi All

I've been employed for 9 years now and it seems recently received a letter from my employed about job loss.

Basically I worked same fixed shift pattern and hours for 6-7 years then I asked to change my shift pattern and reduce hours from 4.5 days/week to 3 days a week. and for last 2 years I've been on fixed roster 3 shifts a week.

I have recently received a letter from my employer that there'd be some job losses and I am expecting them to either change my days or make me redundant and was wondering what were my rights here regarding redundancy.

Do I get any redundancy pay? I read up on custom and practice and it seems like if you work on fixed hours and fixed shift pattern for over a year then according to custom and practice they become an implied term of the contract.

Just to add my contract doesn't mention anything like "The Company is under no obligation to provide work to you at any time and you are under no obligation to accept any work offered by the Company at any time."

Below is the extract from my contract where it mentions hours.

Hours of work
Your working week will be, Monday to Sunday as roistered. The Employee will be required to work day and night shifts as instructed by the Employer in accordance with the duty roster. You may be required to work overtime if and when this to be necessary to complete your duties and you will be paid your basic hourly rate for such overtime.

You will not get paid for any time you do not work, for instance any unauthorised days absent due to illness or otherwise.

You agree that time on your working hours of more than an average of 48 hours per week over a 17-week period shall not apply to your employment.

P.S. I was tuped transferred twice and currently with the third employer on the same contract. extract above is from my recent contract that I signed in 2011 and employment start date is from original employment that started in 2006.

Thanks in advance to anyone who can help.
Irf

rochja · 16 May 2015 at 8:34AM

This article from 2013 might help you:
http://www.clmlaw.co.uk/employment_law/2013/08/zero-hour-contract-employment-rights/

[iD] · 20 June 2015 at 3:14AM

Sorry guys I didn't have any internet at home so couldn't check the replies. Thanks for your replies anyway.

I think I should mention my roster before proceeding. I work on rotating roster every week. Week 1 I work (Nights) Wed, Thu, (Days) Sat, Sun; and week 2 I work (Nights) Mon and Tue. These two weeks keep repeating week in week out.

Reduction in the working hours meant there are only weekend day shifts available free for me to work on.

In my first consultation they asked me to what shift pattern I'd prefer. I told them that I've already spoken to a guy in day shift and he's willing to give away one of his 5 shifts, which means I'd work Saturday, Sunday and Monday or Friday, Saturday, Sunday week in week out. They said they don't see me working every single weekend as that's the very reason why I reduced my hours in the past so I also showed my interest in redundancy because the job and pay is practically !!!!! so yeah.

After first consultation, they spoke to the guy who was willing to give away his shifts to me and forced him to withdraw his offer as they didn't want me working weekend day shift at the place I've been for last 9 years.

Now in the second consultation they offered me work Sat, Sun at the place I'm already in and Sun to a different place than the one I've always worked. That place is literally 1.3 miles away from my current site. When asked about redundancy they told me they don't feel like they should offer any redundancy since they can still accommodate me and find me 36 hours a week.

I told them that all these changes only affected two people practically. One guy who joined the place 5-6 months ago and the other one was me who's been longest on the contract. I asked them why they cherry picked me, they said they because I wasn't flexible enough and wouldn't do extra hours (wish I had recorded that) and also because I was on zero hours contract where others weren't.

They asked me to make myself available for the training in the beginning of July and make sure I work on my new roster from the first of July.

So, the question is, how do I get them to offer me redundancy?

Again, thanks in advance for the replies

getmore4less · 20 June 2015 at 6:19AM

Going to be difficult to get redundancy if they can offer suitable alternative employment.

[iD] · 20 June 2015 at 8:28PM

That's what I was thinking, a mile away from the current place of work seems pretty suitable lol

zero hours contract and

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