Do employers have to tell you if the job is zero hours?

Mrs_justjohn

My daughter in law applied for a job that was advertised as 'full time' 30 hours per week.


At the interview it was explained that she would work 24 hours one week and then 36 hours the next ...which was just the way they worked their shifts but it averaged out at 30 hours per week (hence it was described as such in their advert.) She was offered the job there and then and a follow up letter was sent confirming the offer of a 'full time' position.


However on her 1st day she was told that the job was in fact a zero hour contract position. It seems that all the staff are on zero hour contracts and the ones she spoke to have said that the company have never tried to reduce or change the hours that were agreed upon but she is (understandably) nervous about the lack of security this offers.


Surely the company are obliged to tell you it is a zero hour contract? I know that perhaps she should have asked but she just didn't think given it was advertised as full time and seemed to have set hours.

DCFC79

Mrs_justjohn wrote: »

My daughter in law applied for a job that was advertised as 'full time' 30 hours per week.


At the interview it was explained that she would work 24 hours one week and then 36 hours the next ...which was just the way they worked their shifts but it averaged out at 30 hours per week (hence it was described as such in their advert.) She was offered the job there and then and a follow up letter was sent confirming the offer of a 'full time' position.


However on her 1st day she was told that the job was in fact a zero hour contract position. It seems that all the staff are on zero hour contracts and the ones she spoke to have said that the company have never tried to reduce or change the hours that were agreed upon but she is (understandably) nervous about the lack of security this offers.


Surely the company are obliged to tell you it is a zero hour contract? I know that perhaps she should have asked but she just didn't think given it was advertised as full time and seemed to have set hours.

So is there a contract then ?
What does that say ?

jonnygee2

Hmmm. It does seem she didn't get what was advertised. I'm not really sure what she can do about it though. I guess she could try and claim she was offered full time and that's now binding or something, but that's not likely to achieve much, if they decide Wasn't she sent a contract?

I'd say the easiest thing to do would be to look for another job while keeping this one and leave as soon as she finds one.

If she does get a new job I'd probably also politely tell whoever hired her that she found the terminology a bit misleading and that's one of the reasons she is leaving. Until then, I'd leave it.

getmore4less

With a true zero hours they can turn down shifts work anywhere else when they want, don't need to resign can just get another job and start.

Mrs_justjohn

DCFC79 wrote: »

So is there a contract then ?
What does that say ?

I have not seen the contract. I have seen the job advert and the letter offering her the job (and both say full time). I am unsure if she was presented with a contract or whether on her first day she was just told by her boss that it was zero hours, but all the other employees seem to be in the same boat.


I just thought that they might be obliged to set out that its zero hours...it seems they have tried to deliberately mislead her.


I assume that being a zero hour contract there is minimal benefits? Sick pay, holiday pay...etc

elsien

Who told her it was a zero hour contract, and if it was a manager has she asked them to explain why the letter offer said full time if this isn't the case?

Mrs_justjohn

getmore4less wrote: »

With a true zero hours they can turn down shifts work anywhere else when they want, don't need to resign can just get another job and start.

Yes that was my understanding but according to the handbook she was given it states she is required (or they may have said 'expected' - I can't recall what she told me) to work the hours given to her to ensure the smooth running of the business. It seems like the company want the perks of a true zero hour contract without the downsides!

getmore4less

Mrs_justjohn wrote: »

I assume that being a zero hour contract there is minimal benefits? Sick pay, holiday pay...etc

Those assumptions are wrong.

jonnygee2

I just thought that they might be obliged to set out that its zero hours...it seems they have tried to deliberately mislead her.

Well, technically if they have written full time in the offer letter with a number of hours I guess there's a chance they'd be considered to already have a full time contract with her (although if she subsequently signed a zero hour one, that would probably negate this).

But the question really is - if that's the case then what can she do about it? She could insist she's on a full time contract, they could then just dismiss her. She could complain about the discrepancy or being mislead, and they could dismiss her, or bully her out, or anything they want really, and her recourse would be limited.

Mrs_justjohn

I now have an update....it seems she had cause today to pop into her old work place (the one she has just resigned from) and she told them about her new job being zero hours and they offered her her old job back there and then (they were quite unhappy at losing her in the first place it seems).


She therefore rang her new employers and stated that she felt mislead by their advert and wasn't happy about the lack of security in a zero hour contract job and they basically told her not to come back to work and they would not be paying her for the 12 hours she has done for them so far! Are they allowed to do that?

jonnygee2

and they basically told her not to come back to work and they would not be paying her for the 12 hours she has done for them so far! Are they allowed to do that?

No, they need to pay her for the work done so far.

If they refuse she can put a claim through the small claims court (via money claim online). Don't bother with an employment tribunal, small claims will be easier.