Confusion - Zero Hours!

JLS3405

Asking for my son!

He has worked for 3 months in a local cafe as Manager, set the thing up from scratch to become a fairly successful community cafe, popular with tourists and locals. On Thursday after the Board meeting (its a Community Trust) he was advised they had decided to close the cafe as of 02/09/17 - No explanation and despite asking he still has no reasoning behind why. One of the Board members contacted him and said she wanted the cafe to stay open but was out voted.

He is on 0 Hours contract but has worked a steady 37.5 hour week from starting in May.
- Will he get 30 days notice?
- Holiday pay accrued as he has not taken holidays
- Anything else we need to know?

He has taken no holidays and no sick leave

The rumour mill is suggesting that "friends" of the Board want to run this cafe and it will actually be staying open

getmore4less

if it is successful why does he not speak to the owners of the building to see if there is a deal available.

Undervalued

JLS3405 wrote: »

Asking for my son!

He has worked for 3 months in a local cafe as Manager, set the thing up from scratch to become a fairly successful community cafe, popular with tourists and locals. On Thursday after the Board meeting (its a Community Trust) he was advised they had decided to close the cafe as of 02/09/17 - No explanation and despite asking he still has no reasoning behind why. One of the Board members contacted him and said she wanted the cafe to stay open but was out voted.

He is on 0 Hours contract but has worked a steady 37.5 hour week from starting in May.
- Will he get 30 days notice?
- Holiday pay accrued as he has not taken holidays
- Anything else we need to know?

He has taken no holidays and no sick leave

The rumour mill is suggesting that "friends" of the Board want to run this cafe and it will actually be staying open

Statutory notice is only one week so unless his contract says 30 days then one week is all the notice he is entitled to. However, with a zero hour contract, it is somewhat meaningless as they could give the notice but not offer him any work during it.

With less than two year's service he is not entitled to any redundancy pay. They do not have to give him a reason.

Accrued holiday pay must be paid.

JLS3405

The Board/Trust own the building

getmore4less

he was advised they had decided to close the cafe as of 02/09/17

as above, he has had 3 weeks and a bit notice so unless they have offered more in the contract.

if not happy could just leave no obligation to do any hours.

may be better to just wait till the "new" owners need someone to run the place and negotiate a better deal.

or can he find alternative premises, set up using the same model that was successful taking the local custom to kick start.

MEM62

JLS3405 wrote: »

The Board/Trust own the building

Ask the trust of they will lease the cafe to him and he can run it as how own business.

Undervalued

JLS3405 wrote: »

The Board/Trust own the building

Maybe but that is completely separate to his (limited) employment rights. It is entirely up to the board / trust if they want to run a cafe, contract it out to him or some other operator or close it down.

In any case, with less than two years service they can dispense with his services for any reason (or none) just by giving notice. Plus, with a zero hour contract they could simply offer him no work.

If they contract it out he has no automatic right to a job with the new operator.