Post maternity

twig101

Just after some advice for my oh.
She was just to finish paid maternity back in July. Unfortunately due to covid we couldn't secure a nursery space for out baby so she got In touch wither her employer.
At this time all the staff were on furlough, Her manager initially said she would like to furlough her but later changed her mind and said it wouldn't be fair on the other staff if furlough ended and my oh couldn't return but they had to.
It was agreed my oh would take 3 months unpaid maternity in the hope that a nursery place would come available.

Last week all the staff were called in
They got told that due to loss of business they would all need to accept a zero hour contract. Only shifts that would be offered in the future would be 12 hours long (OH currently does 7hr)
Redundancy may be an option


So two issues really.
Zero hour - I'm not completely up to date with zero hour contracts , but I thought they were no longer a thing?
Also if they wanted to change a contract, I'm sure they have to give her written notice and then she has a period of 12 weeks to discuss issues before it becomes her contract?

Redundancy - So the company aren't going to close, so this will be voluntary redundancy.

Are there minimum amounts they can offer her?
Will the amount offered be lower as she is currently on unpaid?

Thank you in advance for the help 

lincroft1710

How long has your OH worked there?

Brynsam

twig101 said:

Zero hour - I'm not completely up to date with zero hour contracts , but I thought they were no longer a thing?
Also if they wanted to change a contract, I'm sure they have to give her written notice and then she has a period of 12 weeks to discuss issues before it becomes her contract?

Redundancy - So the company aren't going to close, so this will be voluntary redundancy.

Are there minimum amounts they can offer her?
Will the amount offered be lower as she is currently on unpaid?

Not sure what you mean by 'no longer a thing' - plenty of employers still use them.

Does her current contract have a clause allowing the employer to unilaterally vary the terms?

Unclear how redundancy comes into it unless the demand for the service your OH provides has ceased/substantially diminished.

Statutory redundancy calculator: https://www.gov.uk/calculate-your-redundancy-pay

twig101

lincroft1710 said:

How long has your OH worked there?

She will have 5 years service 

twig101

Brynsam said:

twig101 said:

Zero hour - I'm not completely up to date with zero hour contracts , but I thought they were no longer a thing?
Also if they wanted to change a contract, I'm sure they have to give her written notice and then she has a period of 12 weeks to discuss issues before it becomes her contract?

Redundancy - So the company aren't going to close, so this will be voluntary redundancy.

Are there minimum amounts they can offer her?
Will the amount offered be lower as she is currently on unpaid?

Not sure what you mean by 'no longer a thing' - plenty of employers still use them.

Does her current contract have a clause allowing the employer to unilaterally vary the terms?

Unclear how redundancy comes into it unless the demand for the service your OH provides has ceased/substantially diminished.

Statutory redundancy calculator: https://www.gov.uk/calculate-your-redundancy-pay

I was under the impression the government put in legislation to stop employers using zero hour contracts?

No mention of being able to vary terms in her current contract.

Savvy_Sue

twig101 said:

I was under the impression the government put in legislation to stop employers using zero hour contracts?

No mention of being able to vary terms in her current contract.

No. The legislation you are thinking of was designed to reduce / remove abuse of ZHCs by employers. It's only a ZHC if, for example, you can choose NOT to take shifts which are offered to you. Obviously if you don't accept any shifts, or only certain shifts, the employer may offer fewer in future. 

thebrexitunicorn

twig101 said:

Just after some advice for my oh.
She was just to finish paid maternity back in July. Unfortunately due to covid we couldn't secure a nursery space for out baby so she got In touch wither her employer.
At this time all the staff were on furlough, Her manager initially said she would like to furlough her but later changed her mind and said it wouldn't be fair on the other staff if furlough ended and my oh couldn't return but they had to.
It was agreed my oh would take 3 months unpaid maternity in the hope that a nursery place would come available.

Last week all the staff were called in
They got told that due to loss of business they would all need to accept a zero hour contract. Only shifts that would be offered in the future would be 12 hours long (OH currently does 7hr)
Redundancy may be an option


So two issues really.
Zero hour - I'm not completely up to date with zero hour contracts , but I thought they were no longer a thing?
Also if they wanted to change a contract, I'm sure they have to give her written notice and then she has a period of 12 weeks to discuss issues before it becomes her contract?

Redundancy - So the company aren't going to close, so this will be voluntary redundancy.

Are there minimum amounts they can offer her?
Will the amount offered be lower as she is currently on unpaid?

Thank you in advance for the help 

If your partner has a  permanent contract for a specific number of hours and the employer wants to change to zero hours that’s a fundamental change.  She could certainly put to the employer that she believes her role (as it currently exists) is redundant.  Redundancy pay would depend on age and length of service. 

If the employer wants to unilaterally vary the contract and she is not in agreement then they should serve notice to terminate the existing contract and offer reengagement on the new terms. It would still be possible to argue that it’s a redundancy situation if that is her preference.  You might want to call the Acas helpline for information about her options.