Laid off before newer and younger staff

ManicMum

Hello

I have been working for a hotel chain on a zero hours contract. I have always worked hard and the manager has said several times i was a hard worker. Was busy all through xmas and new year.

I knew January would be difficult and expected not to have many hours. Few days ago I got a call effectively laying me off. Saying there was basically no business with the hotel til April, (which I am not sure I believe). I said to him that surely some people must still be going in to work and he admitted they were but i just assumed he had kept people on who had been there longer than me.

Anyway, through the grapevine upshot is that he has kept on new staff he hired for christmas period plus some older (in terms of service) staff. Interesting, some of the ones he has got rid of are people with families (and therefore possibly less flexible) and a bit older. I am older by a mile than the others (pushing 40). I am now very annoyed about this as feel totally discriminated against.

Do I have any case and is it worth the hassle?
thanks

getmore4less

Zero hours means mutualy agreed working so they don't have to offer you anything.

Lucky they have told you you will not be getting any work you can now look for something else.

If they are terminating the contract then that would be different.

Then they have to have good reason and one would be redundancy, but that could mean a redundancy payment, better to just give you no work till teh requirement to make a payment lapses.

zzzLazyDaisy

While the above poster is correct about zero hours contracts in a general sense, the employer is still not permitted to act in such a way as to breach the Equality Act. Allocating work to employees on the basis of age or (lack of) family responsibilities would amount to such a breach, although proving this might be difficult.

If you believe that you are being discriminated against on the grounds of your age or sex, I suggest that you give the EHRC helpline a ring - 0845 604 6610.

bigbill

I personally think zero hours contracts should be banned.

It has now become custom and practice and an implied term of your existing contract to give you regular hours, you might try an unfair dismisal or even a constructive dismisal claim or as you say age discrimination ect.

Difficult either way

licky_face

ManicMum wrote: »

Anyway, through the grapevine upshot is that he has kept on new staff he hired for christmas period plus some older (in terms of service) staff. Interesting, some of the ones he has got rid of are people with families (and therefore possibly less flexible) and a bit older. I am older by a mile than the others (pushing 40). I am now very annoyed about this as feel totally discriminated against.

Maybe you haven't explained it very well, but it doesn't sound like he has exclusively sacked the older/longer service staff.

It sounds more like you are angry because he didn't discriminate against the young/newer staff.

Unless there is more to it I don't see what your case is. Did he mention what the criteria was for choosing who to get rid of?

ManicMum

thanks guys.

Some of the people that have been kept on are well known for being bone idle so not sure why they are still there.

I have thought about it and would seem like too much hassle. Maybe if I was the main breadwinner I would take it further. I agree that zero hours contracts are wrong. It seems like a license to treat people badly and get away with it. I appreciate in the hospitality industry though it is difficult to predict the amount of business coming through the door. I am not sure if I am to get a P45. If I do, i take it that would be redundancy and then as you say a whole different matter. Do redundancy payments apply to zero hours? I am guessing they will just wait until I request P45 for tax purposes for any new job. Though I was receiving all payments gross as I do tax return (due to other self employment).

thanks

getmore4less

Zero hours do have a place in employment so should not be baned.

Clarity of basic rights like holiday, continuity of employemnt etc need building in.

My OH loves her Zero hours contract with the NHS, she works when she wants, they phone up and she picks when she works. Holiday pay is included in the pay each month.

Not suitable if you want a minimum number of hours or an employer won't accept rejection of work.

Some of the people that have been kept on are well known for being bone idle so not sure why they are still there.

If as you say you don't actual care that much, why not just stir it up a bit and ask why the bone idle are getting work?


Do redundancy payments apply to zero hours?

The following would need checking with someone that actualy knows what the interpretation of the law is in these kind of cases.

As for redundancy, don't resign the contract get them to terminate.

AIUI a proper zero hours(not a casual worker relationship) gives continuity of employment even when you don't work so once you have 2 years service you are entitled to redundancy payments based on service and age.

The law allows for the the average of the last 12 weeks where you were paid to be "a weeks pay" for calculating the payment.

I used to think that they could just stop paying you for 12weeks but this does not seem to work.

Relevent section on the employment act.
http://www.legislation.gov.uk/ukpga/1996/18/section/224

224 Employments with no normal working hours.

(1)This section applies where there are no normal working hours for the employee when employed under the contract of employment in force on the calculation date.

(2)The amount of a week’s pay is the amount of the employee’s average weekly remuneration in the period of twelve weeks ending—

(a)where the calculation date is the last day of a week, with that week, and

(b)otherwise, with the last complete week before the calculation date.

(3)In arriving at the average weekly remuneration no account shall be taken of a week in which no remuneration was payable by the employer to the employee and remuneration in earlier weeks shall be brought in so as to bring up to twelve the number of weeks of which account is taken.

(4)This section is subject to sections 227 and 228

This needs clarification in context and potential subsiquent amendmants.

For some other info on redundancy start here
http://www.legislation.gov.uk/ukpga/1996/18/part/XI

zzzLazyDaisy

ManicMum wrote: »

Though I was receiving all payments gross as I do tax return (due to other self employment).

If you were self employed, which you appear to be suggesting, there will be no entitlement to a redundancy payment, and you would have no protection under general employment legislation for unfair dismissal.

The distinction between employee and self-employed is far from straight forward, but the employer having no obligation to offer work, you being under no obligation to do work offered, being responsible for your own tax and national insurance, and working for other clients on a self employed basis are all pointers towards being self-employed, rather than an employee.

An employer has a legal duty to deduct tax and NI under PAYE before paying its employee.

What does your contract say? Does it refer to you as an 'employee'?

pappaking

Phone the A.C.A.S. helpline on 08457 474747 the call is local call rate. The information is free and independent or go on www.acas.org.uk good luck finding a new job.

PK

ManicMum

Hi, no I was employed. I do a tax return as I am self employed elsewhere and also had a rental property.

Blitz01

I am now very annoyed about this as feel totally discriminated against.

You are on a zero hour contract. This is what you have signed up to, so how can the be discrimination?

Some of the people that have been kept on are well known for being bone idle so not sure why they are still there.

Unfortauntely this is your own opinion, and not that of the management. As you know, they decide who takes the hours and who doesn't

Do I have any case and is it worth the hassle?

No and no i'm afraid.