Redundancy and Zero Hours

bombini

Hi,
Hopefully someone can help me with this or point me in the right direction. The company I work for has placed all employees in consultation for redundancy and in my department 8 out of 8 employees are at risk. I have been there 5 years on zero hours contract but have more or less always done weekdays/school hours so I would be entitled to some redundancy pay.

Last week my manager text me to tell me that as I am on zero hours my job is safe but they might not offer me any hours going forward and I will not have the 1 to 1 consultation. I feel like this is a way of avoiding paying me redundancy but then not really giving me a job at the end of it so I’d be forced to walk away with nothing. Does this seem correct ? 

Jeremy535897

This may be of interest:

"Legal case

It's also important that practice matches details within the contract. In a recent legal case, an employee's hours were stated to be only those specified by his line manager each week, but in fact he had worked a 48-hour week for two years. When his hours were reduced he claimed constructive unfair dismissal. His employer argued that there was no legal obligation to provide him with work, so he was on a zero hours contract - was a worker, not an employee - and could not claim for unfair dismissal.

The Employment Appeal Tribunal (EAT) said that the true agreement, worked out from the evidence as a whole, was that the employee was contractually entitled to work for 48 hours per week. The EAT remitted the case back to the Employment Tribunal to decide whether the failure to provide 48 hours of work amounted to an unfair constructive dismissal."

From https://www.lawdonut.co.uk/business/employment-law/working-time-hours-leave-flexible-working/guide-to-zero-hours-contracts-for-employers

Thrugelmir

Does your contract of employment classify you as an employee or a worker?  

bombini

Thrugelmir said:

Does your contract of employment classify you as an employee or a worker?  

Employee I believe.