zero hour contract help

impendingbender

Hiya..
My neighbour has asked me to help write a grievance email to his employer. 
He is on a zero hour contract and has been with the company for 12 years, working three days per week.
He has been on furlough and now that the company is to pay towards the wages, they have said that basically you're on a zero hour contract so we don't need you.
I'd really like to help him get this right so if anyone has any pointers or advice that would be amazing. 

Thanks

Vestraun

What do you think the grievance is? If they’re on zero hours contract there is no requirement to provide any hours. 

Upsidedownandaround

If he is on a zero hour contract they are entitled to give him zero hours. He'd be better off spending the time applying for a new job.

Thrugelmir

impendingbender said:

 they have said that basically you're on a zero hour contract so we don't need you.

Hasn't that always been the case? 

impendingbender

Hiya.. thanks for your replies, although he has been on a zero hour contract, hes always worked three days a week, for 12 years, just a pity that he couldn't have been contracted differently. 
He has spoken to HR who have listened and told him to put a grievance in writing so that it can be looked at.

Thanks

Thrugelmir

Furlough is optional for the employer to operate. The grievance can only relate to the lack of hours. Don't be surprised if head count cuts follow shortly. 

jimkelly

impendingbender said:

although he has been on a zero hour contract, hes always worked three days a week, for 12 years

Yet another thread where someone on a ZERO hours contract doesn't appear to know what that means.

mattyprice4004

HR will just point out that he’s getting what he signed up for - zero hours. 

kaMelo

The simple explanation is zero hours contracts give zero hours entitlement of work but the reality is things are not that simple.
If employed on a zero hours contract but a person can demonstrate their employment was more consistent with being an employee rather than a worker, such as a regular pattern of work or mutuality or obligation for example, then an employment tribunal may find the person is in fact an employee rather than a worker irrespective of what the contract of employment says.

Having said that, it's not going to be quick or easy and there are no guarantees of success whilst burning your bridges in the process. 

Inoshe

jimkelly said:

impendingbender said:

although he has been on a zero hour contract, hes always worked three days a week, for 12 years

Yet another thread where someone on a ZERO hours contract doesn't appear to know what that means.

Luckily for his neighbour their employer like you does not seem to know what a ZERO hours contract means either: 

The Employment Appeals Tribunal in Pulse Healthcare Ltd v Carewatch Care Services Ltd & Ors (2012) determined that employment contracts must reflect the true nature of the employment. Zero hour contracts are meant to be a casual arrangement to enable employers to cater for changing levels of demand. However if a worker on a zero hour contract regularly works the same hours, then their employment contract reflects this, regardless of what their written contract states.

Having worked the same regular shifts for 6 months, it is likely that your true employment contract is not a zero hour contract. A regular hour employment contract gives you greater statutory employment rights than a zero hour contract.

http://www.safeworkers.co.uk/zero-hours-contracts-explained.html

Inoshe

Thrugelmir said:

Furlough is optional for the employer to operate. The grievance can only relate to the lack of hours. Don't be surprised if head count cuts follow shortly. 

I have a friend who has just gone through the same thing. There have been some redundancies where she works but she has been told that as she is on a zero hours contract there are just no hours available for her at the moment. The reality is there won't be in the foreseeable future but her "employer" just doesn't want to say so. She has been at the company for over a decade and has worked the same days and hours for many years in the same role. I hope she can come to some agreement with her employer but i think it's going to go to tribunal. There are probably many thousands in the same position as of last month.