Employer insisting that I work every weekend but other staff not required to

sangie595

Xbigman wrote: »

Surely having signed a zero hours contract the op can't now claim they had a full time contract all along?

That's a question not an opinion.




Darren

There are three forms of having a job. This is a bit rough and ready as the law has lots of gray areas, but broadly:

Self employed is one. When you are self employed you work three times that you want to, for the rate that you agree. You are allowed to send someone else to do the work instead of you.

Worker is the second. This includes people on zero hours. An employer can offer you work. They set the terms. You can accept or refuse hours as you wish. Your employment rights are very restricted.

Employee is the third, and you get full employment rights. But the employer sets the terms and you are contractually obliged to fulfill them. So you work when you are told for the number of hours you are told. If you don't like the terms then you don't take the job, or you resign.

That is really, really simplified. But the answer them is yes- if the employer stays over the definitions then the fact they call it one thing does not mean that is correct. So put someone on a zero hours contract, and them tell them that they MUST work certain hours, and they are actually an employee. Tell someone they are self employed but refuse to allow them to send someone else to do the work, tell them they must work restricted hours, and dictate set terms, and that is probably an employee!

It's hugely complex, and employers often get it wrong because they try to wriggle out of employer responsibilities, and end up with them, and then some!

aife

You don't say what your work actually involves , but you mention having good relationships with clients.
Would setting up on your own be an option ? (and poaching a few clients)
Normally that might be unethical but these people have been taking you for a mug (every Sunday and not a penny extra !) .You owe them the same loyalty they've shown you - none at all.

Takeaway_Addict

O'Goilin wrote: »

Thank you to everyone for your replies and advice. At one time I was useful to the business but now I think they are trying to force me out, but the boss wants me to make the decision to leave rather than him being seen to have pushed me - it wouldn't be taken kindly by our clients who I have built a good working relationship with over the years.
I'll probably end up looking for another job. I appreciate your help, a lot of pertinent points have been mentioned. Thanks.

If the boss wanted you gone on a zero hour contract you'd get no hours.

londondulwich

If you are obligated to accept work, you are not a casual worker.

If your employer expects you personally to work specific shifts and would instigate disciplinary action if you refused - for instance failed to offer any more work - then you are probably an employee.

If the balance of power whilst you were self-employed was the same, it is likely you have always been an employee.

If you are an employee then you have right not to work on Sundays if you are a shop worker or betting worker.

In the event that you are in fact a casual worker, and not an employee, then if your employer is demanding you work at the weekend and refusing you the opportunity to work in other places this may amount to the unlawful enforcement of an exclusivity clause.

Undervalued

londondulwich wrote: »

If you are obligated to accept work, you are not a casual worker.

If your employer expects you personally to work specific shifts and would instigate disciplinary action if you refused - for instance failed to offer any more work - then you are probably an employee.

If the balance of power whilst you were self-employed was the same, it is likely you have always been an employee.

If you are an employee then you have right not to work on Sundays if you are a shop worker or betting worker.

In the event that you are in fact a casual worker, and not an employee, then if your employer is demanding you work at the weekend and refusing you the opportunity to work in other places this may amount to the unlawful enforcement of an exclusivity clause.

Only if your were employed before August 1994. If you started after that there can be a contractual requirement to work on a Sunday.

20aday

It is possible to opt out of Sunday working but you'd need to give your employer three months' notice:

https://www.gov.uk/sunday-working