"Zero Hours" contract but working regular hours

nezza

I started with my current employer as a temp to perm back in October. I transferred from agency to be a direct employee at the end of January. I was given a "zero hours" contract as my manager claimed that due to a recruitment freeze at head office, he couldn't get me a "normal" contract yet.... or at least not until someone else had left.

It's 5 months later & a second person has now left, one has been replaced by a new starter (also on a zero hours contract) & I believe the other is to be replaced by moving someone from another shift.

Now, here's the rub......

I work (and have been working) exactly the same hours as everyone else who are on full 50 hour contracts.

I work Mon - Fri & I am paid the same 10hr/shift as everyone else.

It is clear (and fully documented on my time sheets) that I am not a "casual" or "as required" employee which I believe these zero hour contracts are meant to be used for.

Can I force my employers hand and insist on being given a full 50 hour contract the same as all my co-workers are on?

Thanks for any advice

Nez

getmore4less

You should allready be getting the same benifits and holidays, you are accruing service so will ge the same rights after year.


The only risk is they cut back the hours but if the full time contracts have provission to vary hours then that will not make much difference either.

what specificaly is you want from a full time contract.

nezza

I understand that the full time contracts are for a guaranteed 50hrs/week, so yes, I am a little concerned that my hours could be cut (although there is no indication at the moment that that may happen)

The main reasons for wanting to be put on to a full contract are:

1. I am not eligible for some bonuses & benefits that other guys get

2. The principle! I am doing the same job as the other guys, I am NOT being used as an add hoc employee, I was recruited with the promise of it being a full time position (which it effectively is) and the company are abusing (IMO) the purpose of a zero hours contract!


Cheers, Nez

getzls

Are you getting holiday entitlement on this 0 hrs contract?

marybelle01

nezza wrote: »

the company are abusing (IMO) the purpose of a zero hours contract!

They may be abusing you and a few others, but they aren't abusing the purpose of a zero hours contract because there isn't one! Zero hours contracts may be used for casual workers by some employers, but there is no requirement for this to be the case, and with five months employment attempting to push this will have onlu one result - zero hours.

getmore4less

nezza wrote: »

The main reasons for wanting to be put on to a full contract are:

1. I am not eligible for some bonuses & benefits that other guys get

That could well fall under the part time worker regulations that do not allow you to be disadvantaged because you are part time.



Have a good look through the contract to make sure it is a continuous contract and not some kind of special recuring casual contract.


are you getting the ame holidays as the others?

nezza

Yes, I believe I am on the same holiday entitlement.

I'll give it another month & once I've completed 6 months service, I'll have a chat with my manager about it & see if he can clarify with HO if/when I'll be put on the same terms as the other employees

Cheers, Nez