When does an employment contract end?

agrinnall

Ross1295 wrote: »

Regardless, how can I not have a job there if noone has told me I don't?

Because you broke the contract by not turning up to do the 16 hours a week that you agreed to. That doesn't mean they shouldn't have given you a P45, but if they now don't want you to work there I can't see that you can do anything about it.

IAmWales

Your contract has been varied by mutual agreement. You were no longer able to work 16 hours a week so effectively the agreement became a nil hours one, you are offered work when it is available, you get the option whether you accept it or not.

Have you rang them, or been to see them?

Ozzuk

Can't you call in and see them? Do they have a HR department? Phone reception (depending on type of business) and as for HR. Who is ignoring you? Your manager? Perhaps he's moved on.

Ross1295

General_Grant wrote: »

You need to find out whether a P60 has been issued. If it hasn't they appear not to think you are on their payroll. If it has, you are still an employee.

It's your payslip, not your manager's. So if one is issued it is meant to be provided to you on or before the payment.

It is unlikely that any payslip will have been issued with £0 payment. However, if you had paid any tax (not NI which is different), and if you weren't on a W1/M1 basis (non cumulative), there could have been another payment made up of refunded tax.

Regarding messaging them about shifts - are you sure the method you are trying to use is still operational? Can you contact them by phone or, say, FB to check the way to contact them about allocation of shifts?

So if I have a P60 and not a P45, am I still entitled to my contracted hours?

I don't really want to get into the details, but they definitely receive my messages. We have a FB group chat (which they haven't removed me from). Over Easter someone had a birthday or something and so wanted to give their shift away. I offered to do it and the Assistant Manager replied something along the lines of "the manager needs to approve all shift swaps and shes on holiday" although the AM definitely could have done it herself - again she didn't say I don't have a job, it just feels like they don't want me there.

Ross1295

agrinnall wrote: »

Because you broke the contract by not turning up to do the 16 hours a week that you agreed to. That doesn't mean they shouldn't have given you a P45, but if they now don't want you to work there I can't see that you can do anything about it.

So that's just the way it is? They didn't give me any hours, so there was nothing to turn up to.

IAmWales wrote: »

Your contract has been varied by mutual agreement. You were no longer able to work 16 hours a week so effectively the agreement became a nil hours one, you are offered work when it is available, you get the option whether you accept it or not.

Have you rang them, or been to see them?

Does it make a difference if they said I could work during the holidays?I don't really want to talk to them tbh, they have been pretty rude and I'd rather get another job than beg. It's just more inconvenient for me.

Ozzuk wrote: »

Can't you call in and see them? Do they have a HR department? Phone reception (depending on type of business) and as for HR. Who is ignoring you? Your manager? Perhaps he's moved on.

I don't really think it's worth talking to HR, noone has done anything wrong I'm just not sure of where I'm at in terms of if I have a job or not, which is obviously frustrating. They do the hours 4 weeks in advance so by the time I realised I didn't have any it was too late.

I just want to know whether I have a job or not. Is it possible for me not to have a job without me resigning or them dismissing me?

Ross1295

In essence, because I told my employer I'm going to uni, this is a verbal contract to vary my contract from 16 hours to 0 hours? - Is this correct? What exactly does this mean - I still have a job there but they can choose not to give me hours?

What about when my manager told me I could work during the holidays? Isn't that the same thing in that it should go back up to 16 when I'm back?

IAmWales

Ross1295 wrote: »

In essence, because I told my employer I'm going to uni, this is a verbal contract to vary my contract from 16 hours to 0 hours? - Is this correct? What exactly does this mean - I still have a job there but they can choose not to give me hours?

What about when my manager told me I could work during the holidays? Isn't that the same thing in that it should go back up to 16 when I'm back?

You can work during the holidays, but only when there are hours available. It would appear there are no hours available.

Ross1295

IAmWales wrote: »

You can work during the holidays, but only when there are hours available. It would appear there are no hours available.

Thank you

getmore4less

Ross1295 wrote: »

In essence, because I told my employer I'm going to uni, this is a verbal contract to vary my contract from 16 hours to 0 hours? - Is this correct? What exactly does this mean - I still have a job there but they can choose not to give me hours?

What about when my manager told me I could work during the holidays? Isn't that the same thing in that it should go back up to 16 when I'm back?

Your problem is you did not make it clear when you changed from a 16 contract to what it was changing to.

there after at each period of work/UNI no clear arrangement was made of what would happen next.

since a contract can be formed by action, after the first UNI period how did you arrange for further work on what basis was that work,, eg. did you agree a number of hours for a number of weeks or just start and some time late say oh I am of back to UNI now.

you clearly no longer have a 16hr contract as that has been mutually changed --- to something different.

I went to uni last year and continued to work there part time when I came back in the holidays. However, over the last two holiday periods, my manager just hasn't bothered to reply when I've asked for shifts.

there are 2 things there that need clarifying,
on the return where you have worked what hours have you done?

there have been at least one holiday period where you have not worked and maybe two ir is the second the current one?

By not following up that first period of no hours I think you have established a break in the requirement for them to offer hours.


in the absence of either side giving notice and subject to loads of details like did a p45 ever get issued, it looks like you are probably still on contract with continuous service but currently on as needed variable weeks and this may also be variable hours depending on what hours you worked in the periods you did work.

getmore4less

I think you need to sort out what the situation is by contacting the company, you are as much to blame for this sloppy arrangement as them.

lack of any replies to emails to the manager should have been followed up, even if that meant going into the place to talk over the situation and clarify what is going on.