Any advice - zero hrs contract

Karrtastrophe

Imy a carer and have worked at my company for 3yrs. I've alway had to be available for full time hours on set days agreed by myself and my office. I've always done full time hours. I have a zero hour contract. I've been doing a specific set run of clients and days for nearly a year now at the request of my office who asked me to move my available days and move from my current set of clients in order to fill their requirements I agreed. Since September '16 I've had bouts of migraines which has meant I've had maybe a week in total of sick days up until February. One of those times meant my boss sitting in a&e with me as my vis ion went whilst in work so it's all documented. I recently went on a 2 week holiday and came home with a parasite which meant I couldn't work around people with vulnerable immune systems and was signed off by the gp. When I returned to work last week my normal rota has been taken from me and my hours significantly reduced. Average hours are 13-16 a day and have been for 3yrs, now there around 5. Whereas before I knew where I was working, with who and for how many hours now I'm left not knowing if the rota I have at the start of each day will be reduced, increased or change location. My earnings will be significantly reduced as a result and i can't plan my day or week as we are expected to be available on our given days from 7am to 11pm and they can put whatever work they like on us in that time frame with no prior notice. I asked my boss if I could return to my normal rounds and she said it had been covered by a new starter and I would be picking up whatever work they could find me, which is a hodge podge of clients in all different areas. She explained my absence recently was too high for her liking and I was hard to cover if I am unable to go to work. I have never been called in to talk about my absence besides completing back to work interviews where no one has expressed any concern or told me of any impending consequence. From other workers I've learned that this behaviour from our office is standard to 'punish' us. I'm on a zero hours contract and I'm unsure of my rights here. Would you please advise? Many thanks

Karrtastrophe

I should add that when we need to amend our hours we have to give 6weeks notice in writing. I needed to stop working friday evenings to accommodate a college course and was required to give written notice.

getmore4less

That may not a valid Zero hours contract.

One of the statutory conditions of zero hours contract is the ability to turn down work.

Being available for given days and 6 weeks to change is an implied exclusivity.

are there any other terms that could be interpreted as exclusivity?


In practice there is little you can do about the hours given.

Exercising any right(if the law allows) to overrule the 6 weeks notice to change availability could result in even fewer hours.

sangie595

It's difficult to tell whether this would be a genuine zero hours contract - it could equally be argued that a worker saying when they are available to work is not the same thing as being unable to refuse work. Given the nature of care work, if this is genuinely an agreement, then it might pass muster. Perhaps an interesting legal argument, but not likely to help the OP.

But if this is a zero hours contract, then the employer can do as they wish - the hours are not guaranteed no matter how long they have been worked. And in either case, there is no way that the employer is required to give the OP the clients that they want. So "getting their round back" isn't realistic, and getting the hours back would require mounting a legal challenge to the validity of the zero hours contract. The decision then being moot of course, since the employer will dismiss them the first chance they get.

And either way, whether genuine or not, sickness absence is unlikely to be tolerated. It looks like the OP has had at least two weeks in a year off in total - perhaps more. These days, even for employees, for many employers that would be a step towards dismissal.

Certainly, there is no way that the OP can simply force the employer to reinstate their hours and clients; and if there were a way of seeking some legal action, then the OP may as well take the day route and just get another job.

Karrtastrophe

Hi guys thanks for the input. We have days that we are providied with work if we cant attend then we are classed as awol and reprimanded as in any ither job. We are expected to be there. Work 4 days a week, the same days every week and generally have an average of 15hrs a day. Its never been less. Which is what made me wonder if i had any rights. It's a difficult one as my company is very fuzzy around the edges when it comes to policy and tend to take things on an individual case basis. They are very tolerant with sickness as a lot of it is often bought on by working so closely with sick clients so we do have plenty of leeway. However, the unwritten rule is more than 3 weeks off sickness and you lose your regular work although this is not company policy and is often, as is the case with ALL of my close colleagues, overlooked and they resume business as usual... my irk is that they're really running with this in my case and I feel I'm being singled out. I know it sounds petty on my part. My line manager told me to stop moaning at her about clients needs and wishes as there were less conscientious people who work here who do a better job and don't harass her so much... but it's my job to flag safety and wellbeing issues. She never answers any of my communication with her even when it's life threatening. I just feel like she's pushing me out and I have no choice but to leave like an idiot. After 4yrs of working my butt off I didn't want to give in so easily.

Karrtastrophe

They definitely restrict our hours if we do anything to annoy the office... I was warned about that on my very first day which is why I've yet to say anything to my line manager as I'd rather be fully prepared and informed.