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  • FIRST POST
    • all is well
    • By all is well 18th Jun 17, 8:30 PM
    • 51Posts
    • 7Thanks
    all is well
    Zero hours contracts rights
    • #1
    • 18th Jun 17, 8:30 PM
    Zero hours contracts rights 18th Jun 17 at 8:30 PM
    My partner has worked at the local pub for 5 years on a zero hours contract , usually 21 hours per week .well he never had a contact as such but was paid for the hours he worked. Some years he didn't take a holiday. He has worked some years every Bank Holiday ( including Christmas Eve, day , Boxing Day and all the new year as a cleaner ) with no extra pay at all. His employer is now leaving the pub , but has given my partner no information at all , he has simply told him he is no longer required. Does my partner have any employment rights at all ? Will he be able to claim unemployment benefit ?
Page 1
    • Guest101
    • By Guest101 19th Jun 17, 11:07 AM
    • 15,118 Posts
    • 14,765 Thanks
    Guest101
    • #2
    • 19th Jun 17, 11:07 AM
    • #2
    • 19th Jun 17, 11:07 AM
    Well if he's on zero hours then no - they simply stop offering work.
    • sangie595
    • By sangie595 19th Jun 17, 12:02 PM
    • 4,168 Posts
    • 6,856 Thanks
    sangie595
    • #3
    • 19th Jun 17, 12:02 PM
    • #3
    • 19th Jun 17, 12:02 PM
    A zero hours contract had to be in writing. If there is nothing in writing then that is not what it is. The issue for the purposes of benefits is whether the employer has paid tax and ni - or whether this had all been payments made under the table. And equally, who has declared the income for your partner? Whether or not tax is payable, income must be declared!

    As far as empowerment rights go, he is probably an employee on a variable hours contract, which would mean entitlemnt to paid holidays (but working bank holidays doesn't entitle him to extra pay for those), redundancy pay, possibly TUPE if the pub is going to be run by someone else. But all entitlements are based on contractual status, and whilst it is probable that he's an employee, it isn't certain. I'm afraid this is one that really needs hands on advice - especially since there may be questions about tax or ni to resolve.
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