Variable hours contracts - unfair expectations?

dandan666

Ok, I work for a care agency, employing over 40 staff. 10 have full time, contracted hours. Some are casual ( university students) and most have “variable hours” contracts, with no guarantee of minimum hours ( taken from their contracts). For the 7+ years that I have been here, we have always had more work than we know what to do with, and recruitment has always been an issue as we work unsociable hours. If we were to dismiss all staff whom did not have a full time contract tomorrow we would never be able to meet our commitments.

Now, only about 20% of our rota is the same from one week to the next, and this in itself might only be the case 70% of the time ( sure there was a better way to phrase that, but this isn’t the point, bare with me). We will typically get the first idea of our working hours the Thursday before, and even then its all subject to change.

We will soon be asked which week we prefer to work over the Christmas period ( Christmas or New Year), and be sent the annual email reminding us all of our responsibilities in running a 24/7 service. Although work generally winds down over this period, all staff will be told that they MUST be prepared to work at any time over this period, though their preferences will be accommodated where possible. Some of our “variable hours” staff have stated that they don’t want to work any hours over the period, which the company has said is unacceptable. However, some of the students have also said this, and this is apparently fine.

I have queried this, as it is my belief that if someone is not guaranteed a minimum amount of hours per week, then they are effectively on a “zero hours contract”, despite the company calling it “Variable Hours” ( they have previously called it “flexible contract”, which they changed once challenged), therefore the employee is no more obliged to accept the hours than the company is obliged to give them.
They slapped me down with this, telling me that they had consulted their third party HR company, and what they are doing is correct and above board.

In recent weeks, they have started to pull staff in for disciplinary talks when they have declined hours. They have said that it is the responsibility of the employee to give adequate notice of availability – however, we don’t get our rotas until a Thursday afternoon, so this is not reciprocated. Also, some of the staff have had their knuckles rapped for declining a shift which is not usually on typically on their rotas ( IE, when someone else has annual leave)

I suppose what I am asking is..... is this all enforceable?

I know that with zero hours contracts the employer holds most of the cards, and that if an employee regularly starts turning hours down then they could see their hours gradually taken away with no recourse, but can they be taken down a disciplinary route for declining hours ( specifically the Christmas period), and would the employer stating this as a reason for a reduction in hours be illegal?

sangie595

If it is zero hours then no, they can't be disciplined for refusing work. But there is nothing you can do about being disciplined and nobody got can complain to. And the employer can simply refuse them further work. I'm afraid that the reality is that the rules are fine, but without any power to enforce them, you are on a hiding to nothing. If toy care enough to fight, all of you, join a union. If you don't, find another job. The middle road is a painful path and not one I would recommend.

Undervalued

dandan666 wrote: »

Ok, I work for a care agency, employing over 40 staff. 10 have full time, contracted hours. Some are casual ( university students) and most have “variable hours” contracts, with no guarantee of minimum hours ( taken from their contracts). For the 7+ years that I have been here, we have always had more work than we know what to do with, and recruitment has always been an issue as we work unsociable hours. If we were to dismiss all staff whom did not have a full time contract tomorrow we would never be able to meet our commitments.

Now, only about 20% of our rota is the same from one week to the next, and this in itself might only be the case 70% of the time ( sure there was a better way to phrase that, but this isn’t the point, bare with me). We will typically get the first idea of our working hours the Thursday before, and even then its all subject to change.

We will soon be asked which week we prefer to work over the Christmas period ( Christmas or New Year), and be sent the annual email reminding us all of our responsibilities in running a 24/7 service. Although work generally winds down over this period, all staff will be told that they MUST be prepared to work at any time over this period, though their preferences will be accommodated where possible. Some of our “variable hours” staff have stated that they don’t want to work any hours over the period, which the company has said is unacceptable. However, some of the students have also said this, and this is apparently fine.

I have queried this, as it is my belief that if someone is not guaranteed a minimum amount of hours per week, then they are effectively on a “zero hours contract”, despite the company calling it “Variable Hours” ( they have previously called it “flexible contract”, which they changed once challenged), therefore the employee is no more obliged to accept the hours than the company is obliged to give them.
They slapped me down with this, telling me that they had consulted their third party HR company, and what they are doing is correct and above board.

In recent weeks, they have started to pull staff in for disciplinary talks when they have declined hours. They have said that it is the responsibility of the employee to give adequate notice of availability – however, we don’t get our rotas until a Thursday afternoon, so this is not reciprocated. Also, some of the staff have had their knuckles rapped for declining a shift which is not usually on typically on their rotas ( IE, when someone else has annual leave)

I suppose what I am asking is..... is this all enforceable?

I know that with zero hours contracts the employer holds most of the cards, and that if an employee regularly starts turning hours down then they could see their hours gradually taken away with no recourse, but can they be taken down a disciplinary route for declining hours ( specifically the Christmas period), and would the employer stating this as a reason for a reduction in hours be illegal?

By fair means or foul yes I'm afraid.

As Sangie has said with a zero hour contract the employer always has the fall back of not offering you any further work. So, short of doing that they can hold whatever "disciplinary" procedures they like. If you don't go along with them they don't need to dismiss you the work simply dries up.

Also, keep in mind that in any non zero hour employment situation, an employer can totally dictate when staff can and cannot take holiday. The only protections are that staff must be allowed to take the statutory minimum holiday and the employer has to give notice of at least twice the length of the holiday they want them to take.

So, as a zero hour person you are free from that problem but risk a lack of work if you don't dance to their tune.

Sorry.

getmore4less

They are saying it's not a zero hours so no right to refuse work.

People need to start making their availability know in advance.

If people was specifically time off they need to book holidays.

If you want yo change the current practices that needs action as a group or they will just pick you off one a a time.

H102013

I am on a variable hour contract and have had set hours which only change seasonally when the opening hours change. But they are able to cancel me at the drop of a hat for a shift if they feel I'm not needed. Now all of a sudden they have decided that they will start putting us in on overtime shifts without asking us if we can work it first. Are they able to do this? Have been told if we can't work it we will have to book it as holiday even if its a day I'm not rostered to work originally.