zero hour contract forced to work Christmas

bargainbunny

Hi I am on a zero hours contract but do lots of waking nights of 11 hour shifts and recently am trained senior support which is 13 hours day shift. We are asked to add our availability for Christmas and the New Year so we can do one or the other. I put mine down as available for waking nights on the 21st,22nd,23rd December and on 31st,1st Jan as Senior or waking nights. I have been put down for the 2 waking nights of 23rd,24th December and 4 waking nights from 31st December on wards. I asked a month ago for December 25th, 26th off as have a family celebration and last year I worked on both holidays and my manager is saying I am now being unfair and I have to find cover. I always cover all shifts and have done 7 nights in a row previously and in 1 year 7 months only had 1 day off sick.I do work in a 24 hour care setting. If I do the wake night on the 24th then the 25th would be classed as a sleep day so is not a day off. Any advice as they want a chat with me tomorrow after my night shift thanks, and it is not a nice chat I can tell by my messages.

DCFC79

Your not forced to work Christmas, you can look for a nother job, not ideal I know. Your on a zero hours contract so they could decide to not give you any work.

bertiewhite

bargainbunny wrote: »

If I do the wake night on the 24th then the 25th would be classed as a sleep day so is not a day off.

Yes, technically but you'll still be able to spend time with your family, won't you?

mac.d

You say you've been asked to give your availability over Christmas and New Year so you can work one or the other, which I think is pretty standard. Saying you can work the 21-23 Dec is immaterial, so you're basically saying you are ok to work New Year but want Christmas off?

So as they have put you in for a waking night on 24 Dec, as well as covering New Year, your only concern is the waking night on 24 Dec. Focus on that and request you don't do that shift as you are working New Year. Especially as you covered both last year. That's fair. Working a waking night on Dec 24 and covering New Year isn't fair, unless of course you are working in an extremely small team and there aren't enough staff to cover.

Is everyone who works there on a zero hour contract? If not, putting pressure on you to cover a shift as a zero hour worker is definitely unfair, as you'll obviously have the threat of not getting any more shifts unless you do as they ask.

SandraX

These zero hours I think most supermarkets do them as it save them giving you pension contributes via zero hours or giving you about 8 hours officially and the other hours unofficially hence not contributing to your pension. Not sure but I think you have to be working 16 hours to get a contribution offyour employer.

marcarm

SandraX wrote: »

These zero hours I think most supermarkets do them as it save them giving you pension contributes via zero hours or giving you about 8 hours officially and the other hours unofficially hence not contributing to your pension. Not sure but I think you have to be working 16 hours to get a contribution offyour employer.

That is wonderful, but how does it relate to the OP and their query?

bargainbunny

Thank you, they have said I should have put it in writing as they do not recall me asking for the Christmas day off, they close the annual leave book on the 15th December for that year, they said that I signed an agreement when I started and as its a 24hr service, mental health I have to cover the shift despite me asking a month ago. I said well I am asking now so please cover it and they said I have too, we are a team of 20 but no-one wants to do nights. Last year they messed up my money and I was told I should have spoken to them when I sent numerous emails and now on this, they say I should have put in writing. confusing

elsien

You don't have to do it as you are on a zero hour contract but you need to consider the implications of saying no on future shifts offered. That's not fair but it is the reality.
When you say you were asked your availability over the holiday period, how was that done? In my last place we had preference forms which everyone filled in. Have you yourself checked with all the other staff? I used to have staff who would happily work any hours over Xmas if it meant they got New Year's Eve off.

For future reference if it's something important, even if you have a conversation about it, follow it up with an email so you have your own record.

Undervalued

elsien wrote: »

You don't have to do it as you are on a zero hour contract but you need to consider the implications of saying no on future shifts offered. That's not fair but it is the reality.

Exactly, although there is an argument to be made that it is "fair". Regardless of personal opinion it is certainly "legally fair" which is ultimately all that matters.

In a way it is a bit like hiring a regular tradesman to do some work on your house. If your preferred choice is too busy or on holiday and you can't wait you will get somebody else. If they turn out to be good and obliging they may well be your first choice next time.

emberzburnout

Just decline the one or the other shift that you don't want to do.
You're on a zero hour contract, they can't make you do it.

I wouldn't stand to be threatened in regards to them cutting your hours in future either, more likely than not, they will need you before you need them.

These opportunist employers, using people for full-time hours but won't guarantee them the rights of full-time employees make me sick.

You owe them nothing, they owe you everything.
Put your foot down, I say.

System

SandraX wrote: »

These zero hours I think most supermarkets do them as it save them giving you pension contributes via zero hours or giving you about 8 hours officially and the other hours unofficially hence not contributing to your pension.

Sorry but that is absolute rubbish. I'm on zero hours, my employer contributes to my pension.