zero hours contract

mercer_2

Hi,

I am after somer advice, though it's not for me, it's for my Dad.

He signed a zero hour contract with a joinery company last year. For the third time now they have informed there is no work available and extremely short notice, I am talking about 2-3 days before work stops. He then won't have any work for several months. The company is also lax in giving him information when new work will be available.

He has attempted to claim some benefits, however he has had most refused because he is still employed, which is correct.

My question is, even though signed a zero hour contract, surely the company should give reasonable notice of when work will end? And, should he be able to claim benefits because of no income?

Thanks

marybelle01

mercer wrote: »

Hi,

I am after somer advice, though it's not for me, it's for my Dad.

He signed a zero hour contract with a joinery company last year. For the third time now they have informed there is no work available and extremely short notice, I am talking about 2-3 days before work stops. He then won't have any work for several months. The company is also lax in giving him information when new work will be available.

He has attempted to claim some benefits, however he has had most refused because he is still employed, which is correct.

My question is, even though signed a zero hour contract, surely the company should give reasonable notice of when work will end? And, should he be able to claim benefits because of no income?

Thanks

I can't help with the benefits question although I would imagine someone can - but a zero hours contract is what it says. Sorry but they don't have to offer work at any time, so giving notice of not having any work isn't needed. They can tell him the day before he isn't needed the next week, or whatever.

DCFC79

mercer wrote: »

Hi,

I am after somer advice, though it's not for me, it's for my Dad.

He signed a zero hour contract with a joinery company last year. For the third time now they have informed there is no work available and extremely short notice, I am talking about 2-3 days before work stops. He then won't have any work for several months. The company is also lax in giving him information when new work will be available.

He has attempted to claim some benefits, however he has had most refused because he is still employed, which is correct.

My question is, even though signed a zero hour contract, surely the company should give reasonable notice of when work will end? And, should he be able to claim benefits because of no income?

Thanks

Its an as and when basis. If he wants the work then maybe look for a position with more regular hours elsewhere.

C_Mababejive

He would be better off joining the black economy if he has marketable skills.

KiKi

What marybelle said. Zero hours contracts require no notice for work or otherwise (unless such a period is written into the contract) - which is why some companies love using them. Sorry.

mercer_2

Bad times. Thanks for the advice everyone

Russe11

I think the above replies are misleading.

If the individual is a employee it would be 1 weeks pilon if worked for 6 weeks, 1 month pilon if worked for 3 months or more.

Saying that they could class the holiday entitlement accrued as payment of pilon.

(1)If an employee does not have normal working hours under the contract of employment in force in the period of notice, the employer is liable to pay the employee for each week of the period of notice a sum not less than a week’s pay.
(2)The employer’s liability under this section is conditional on the employee being ready and willing to do work of a reasonable nature and amount to earn a week’s pay.
(3)Subsection (2) does not apply—
(a)in respect of any period during which the employee is incapable of work because of sickness or injury,
(b)in respect of any period during which the employee is absent from work wholly or partly because of pregnancy or childbirth [F1or on [F2adoption leave, parental leave or [F3ordinary or additional paternity leave]]], or
(c)in respect of any period during which the employee is absent from work in accordance with the terms of his employment relating to holidays.
(4)Any payment made to an employee by his employer in respect of a period within subsection (3) (whether by way of sick pay, statutory sick pay, maternity pay, statutory maternity pay, [F4paternity pay, [F5ordinary statutory paternity pay, additional statutory paternity pay] , adoption pay, statutory adoption pay,] holiday pay or otherwise) shall be taken into account for the purposes of this section as if it were remuneration paid by the employer in respect of that period.
(5)Where notice was given by the employee, the employer’s liability under this section does not arise unless and until the employee leaves the service of the employer in pursuance of the notice.

Provided that you are an employee, and that this was not a contract made in contemplation of a specific task which is expected to last less than 3 months (ERA 1996 s.86(5), then as you had over 1 months service you are entitled to 1 weeks notice - check contract for more generous provisions.

If you are prepared to work the notice and prevented from doing so, then you are entitled to PILON.

As a worker with no normal working hours the ERA makes it clear that the amount of a weeks pay for you will be an average weekly pay over the last 12 weeks, ignoring weeks in which no pay was received. s.224 ERA 1996

davec1960

Russe11 wrote: »

I think the above replies are misleading.

If the individual is a employee it would be 1 weeks pilon if worked for 6 weeks, 1 month pilon if worked for 3 months or more.

Saying that they could class the holiday entitlement accrued as payment of pilon.

(1)If an employee does not have normal working hours under the contract of employment in force in the period of notice, the employer is liable to pay the employee for each week of the period of notice a sum not less than a week’s pay.
(2)The employer’s liability under this section is conditional on the employee being ready and willing to do work of a reasonable nature and amount to earn a week’s pay.
(3)Subsection (2) does not apply—
(a)in respect of any period during which the employee is incapable of work because of sickness or injury,
(b)in respect of any period during which the employee is absent from work wholly or partly because of pregnancy or childbirth [F1or on [F2adoption leave, parental leave or [F3ordinary or additional paternity leave]]], or
(c)in respect of any period during which the employee is absent from work in accordance with the terms of his employment relating to holidays.
(4)Any payment made to an employee by his employer in respect of a period within subsection (3) (whether by way of sick pay, statutory sick pay, maternity pay, statutory maternity pay, [F4paternity pay, [F5ordinary statutory paternity pay, additional statutory paternity pay] , adoption pay, statutory adoption pay,] holiday pay or otherwise) shall be taken into account for the purposes of this section as if it were remuneration paid by the employer in respect of that period.
(5)Where notice was given by the employee, the employer’s liability under this section does not arise unless and until the employee leaves the service of the employer in pursuance of the notice.

Provided that you are an employee, and that this was not a contract made in contemplation of a specific task which is expected to last less than 3 months (ERA 1996 s.86(5), then as you had over 1 months service you are entitled to 1 weeks notice - check contract for more generous provisions.

If you are prepared to work the notice and prevented from doing so, then you are entitled to PILON.

As a worker with no normal working hours the ERA makes it clear that the amount of a weeks pay for you will be an average weekly pay over the last 12 weeks, ignoring weeks in which no pay was received. s.224 ERA 1996

Useful info for people on zero hours contracts who might be told, or assume, they don't accrue holidays or have any entitlement to notice pay, but in this case notice hasn't been given so not sure how it applies to the OPs father as notice hasn't been served.

Russe11

Yes its a good point that on zero hours holiday is accumulated on every hour worked or the average hours over the previous 12 weeks.

Though it could be the case that the individual in question is not an employee but a contractor on a hourly rate, perhaps classed as selfemployed?

getzls

Russe11 wrote: »

Yes its a good point that on zero hours holiday is accumulated on every hour worked or the average hours over the previous 12 weeks.

Though it could be the case that the individual in question is not an employee but a contractor on a hourly rate, perhaps classed as selfemployed?

Not sure about the average hours bit Russell.

Russe11

getzls wrote: »

Not sure about the average hours bit Russell.

The term "a weeks pay" applies, that is either contracted hours or for those with out regular hours it is the average hours over the previous 12 week period where in any given week some work was done.

Most use a 12.07% of pay calcualtion instead, thats if they employer is just paying the min amount of entitlement.