If after TUPE the written contract says zero hours

tir21

But the old companies lawyers have said implied contractual terms had developed through custom and practice and there was a clear mutuality of obligation

And the new company (via email) have acknowledged

1) that i did regular shifts for the old company

2) that i wasnt a casual worker

3) that a pattern of work had been established with the old employer

4) an acknowledgement from the new employer that i did not have a 'bank' contract with the old employer as that would be casual work

(arent zero hours and bank the same thing)

Arent the new company saying that i wasnt zero hours in any practical sense - but because the contract uses that term - then i am zero hours

Is tne written contract all that matters?