Zero hour contract - worker or employee

umbr44

Hi everyone,


I'll start by saying I know that people on zero hour contracts are classified as workers not employees. However there are cases where people on zero hour contracts have been declared employees due to the role the job actually holds. This is also stated on the ACAS website.

Now my OH is having a bit of an issue, she's just been told that next month at her job (care home staff) she probably wont be offered many hours.

I'm just wondering if she would be considered an employee by now (allowing her slightly more risks in getting fair treatment as you can push for unfair dismissal if they suddenly drop all hours claiming there is no work, yet still hire new people). She has been continually pushing for a proper contract but as been denied one being told there is not enough work, this is despite the fact that since she started asking they have been giving other people full contracts; which means there IS or at least was the work available.

She is given a two weekly (I think) rota and whilst she can say no, her manager does give her all the speeches about not really liking her job etc... which could be used to say she is being punished for turning down a shift, and therefore it's not a true zero hour contract.

Generally she will do 3-4 days one week and 1-3 the next, all shifts are 12 hours. This means for over a year and a half she hasn't had a 'break' in contract which would be anything over a week. Again adding to the possibility she would be seen as an employee.

She is also given her own uniform whilst other zero hour contract workers are not. (Again I believe this is true, when she first started she really did only work the odd day here and there and so wasn't given a uniform)

She is the only zero hour contract person at her care home to have such regular hours as well. Once more hopefully pushing that she is being treated as an employee not a worker.


Unfortunately the assistant manager has taken a dislike to my OH after she complained when they ran out of rubber gloves and would not to replace them. My OH quite rightly refused to work as protective gear was not provided when she was expected to come into contact with bodily fluid and forced the care home to buy more gloves. This has now carried over to her new manager not liking my OH, hence the refused contract when previous managers had agreed to it. (There's been about 5 managers in as many months)


If her hours are dropped next month we will suffer quite badly financially and so being found as an employee, with it's additional rights could help us push more for a proper contract. Does anyone else here know more about whether we'd have much success?

cazziebo

From what you have described, she is an employee. Employees on zero hour contracts can work zero hours or 60+ hours a week.

What you are arguing for is a guaranteed hours contract and sadly, more companies are only hiring on zero hours in the care sector. Other than hours, the rights are exactly the same.