Reduced hours

debshill77

Hi.. can you please advise me.. I have recently had my shift took off me (5hrs normally but due to Covid restrictions it's now 3hrs) - only to find out that my shift is actually being covered by a volunteer who isn't getting paid.. (apparently) .. is this allowed & do I have any rights .. I have no contract of employment.
Would be grateful for any help 
Thank you 
D

lincroft1710

If you have worked for your employer for less than 2 years they can dismiss you without reason. Although you say you have no contract, you do have a contract, albeit apparently not a written one. When you started work was the phrase "zero hours contract" mentioned?

Diamandis

Sounds like it's a zero hours situation. If so they can offer you any number of hours. If you are contacted to receive 5 hours of work they need to either give you those hours or pay you for them. 

Sharon87

Sounds like they're breaking the law if they're employing people on no pay. It's illegal for anyone to work for free. Work experience can't be a replacement for a person's job, but a lot of companies in some industries try to get free labour. The volunteer could have a case against them if they realise they're being exploited and can demand at least NMW from the employer.

What type of job do you have? Is it in an industry where there's lots of demand?

Marcon

Sharon87 said:

Sounds like they're breaking the law if they're employing people on no pay. It's illegal for anyone to work for free. Work experience can't be a replacement for a person's job, but a lot of companies in some industries try to get free labour. The volunteer could have a case against them if they realise they're being exploited and can demand at least NMW from the employer.

What type of job do you have? Is it in an industry where there's lots of demand?

A volunteer isn't employed. It's perfectly legal to volunteer and carry out work for which you aren't paid. 

Whether OP has any 'rights' depends on whether they have a contractual entitlement to any given minimum numbers of hours - and it doesn't sound as if that is the case.

Brynsam

Sharon87 said:

Sounds like they're breaking the law if they're employing people on no pay. It's illegal for anyone to work for free. 

They aren't employing people on no pay. Volunteers are not employees, which is why they are called volunteers.

Sharon87

Brynsam said:

Sharon87 said:

Sounds like they're breaking the law if they're employing people on no pay. It's illegal for anyone to work for free. 

They aren't employing people on no pay. Volunteers are not employees, which is why they are called volunteers.

If a volunteer is replacing a paid employee then it's illegal. Volunteers are only legally allowed for charities, not for 'for profit' businesses. I work in TV and a lot of employers were breaking the law in employing 'work experience' instead of Runners. There's been a massive crack down and employers that have broke the rules have got in trouble and have had to pay back their 'volunteers' or 'work experiences'.

It's basically getting someone to replace an employee and getting them to work for free - aka a breach of NMW and slavery. I have no idea of what business the OP is talking about, if it's a charity then they have every right to use volunteers, but if it's a commercial business using unpaid volunteers to replace someone's shift is illegal and against the NMW.

debshill77

Thank you for your comments.. I work in a bar 

Sharon87

debshill77 said:

Thank you for your comments.. I work in a bar 

I assume the original cut in hours was due to the 10pm shutting time. I guess you're on a zero hours contract so there's not much you can do in relation to your hours. I think there may be an issue with the volunteer, pubs are trying to cut costs to stay afloat but it doesn't mean they can exploit people into unpaid work - which is what it sounds like. 

Marcon

Sharon87 said:

Volunteers are only legally allowed for charities, not for 'for profit' businesses. 

Not quite right - charities are not the only exceptions.  Extract from https://www.gov.uk/employment-rights-for-interns

Voluntary workers

Workers are not entitled to the minimum wage if both of the following apply:

• they’re working for a charity, voluntary organisation, associated fund raising body or a statutory body
• they do not get paid, except for limited benefits (for example reasonable travel or lunch expenses)

Sharon87

Marcon said:

Sharon87 said:

Volunteers are only legally allowed for charities, not for 'for profit' businesses. 

Not quite right - charities are not the only exceptions.  Extract from https://www.gov.uk/employment-rights-for-interns

Voluntary workers

Workers are not entitled to the minimum wage if both of the following apply:

• they’re working for a charity, voluntary organisation, associated fund raising body or a statutory body
• they do not get paid, except for limited benefits (for example reasonable travel or lunch expenses)

So a pub wouldn't be included in that