Permanent to zero hour contract - urgent help needed please

PlymouthMaid

I wonder if anyone can advise about the best thing to do here as Google isn't helping much. I have messaged citizen's advice but that may take a while (also asked on another Forum is you have seen this again today).

The story is that I have worked 4 days a week (28 contracted hours) at least for the same smallish employer for over 9 years and am now almost 58. I was part time furloughed since April working 14 hrs a week. Work has fizzled so boss told me this week that they want to move me to a zero hour contract and envisages between 0 and 14 hours work a week but obviously nothing guaranteed and this is likely to be split over several days meaning I cant earn a full day's wage on those days. I understand how zero hrs contracts work but am concerned that I am being shafted because if redundancy then comes along which I think is a strong possibility, it will then be calculated on the very low hours I am likely to have in the next few months.

My thinking now is that, although I nodded agreeably (shell shocked) when presented with this scenario a few days ago,I haven't even seen this contract yet and boss wants to start it from Monday 26th! so I haven't signed it yet or had time to take any advice. Secondly, should she be offering me redundancy now as she cannot find me 28 hours work at the moment and the ideas for work going forward from February 2021 may not happen.

Any advice on how to proceed will be very gratefully received as although I have contacted Citizen's advice and a local solicitor, I don't expect to hear before next week. Something feels very wrong about this scenario not least the 5 day's warning. I am planning on emailing the boss tomorrow at the latest to say that I dont accept at this point and will be still be under my normal contract (which can still be covered by part time furlough this week) but need to know I am not barking up the wrong tree and making a tit of myself. I will 'work under protest' whilst it is resolved and I clear up a little bit of outstanding work too but understand that this cannot continue for long otherwise I will appear to have agreed to it. My boss is a shrewd cookie who knows what she is doing.

Sorry this is so long .... and breathe

lincroft1710

I would start looking for another job, I don't see your employer will have enough work for you

[Deleted User]

 Go see an employment solicitor 

pooh

Speak to ACAS

tacpot12

You could ask to be made redundant, and suggest they rehire you on new T&Cs. This would give you protection from being made redundant on worse terms. 

Thrugelmir

No you don't have to be offered redundancy nor do you have to accept the new contract.  Looking for a new job is a must. Whatever the outcome. As change in some form is most certainly on the cards. Can you current employer afford to make you redundant. Lots of unanswered questions. Your employer is most be struggling themselves to work out how to keep the business afloat. 

macman

If you do not accept the new contract then they will have to make you redundant. This will entitle you to the statutory 9 weeks pay, plus your notice period (if not worked) at your pre-furlough salary, plus any holiday pay due. Unless your contract offers enhanced terms on that.
Only you can judge if that is better than going forward on zero to 14 hours a week.

headpin

Do not sign anything. They will then have to decide what to do. macman has given some options. The other is they sack you or try to impose new T&C’s. You could then go for unfair or constructive dismissal if they do not pay redundancy. 

Only you will know and can decide which the most suitable way forward for you my be. Good luck in whatever that may be.

getmore4less

With 9 years service at 58 you would be due 13.5 weeks statutory redundancy pay if made redundant.

Thrugelmir

getmore4less said:

With 9 years service at 58 you would be due 13.5 weeks statutory redundancy pay if made redundant.

At 58. The greater problem is finding alternative paid employment. Redundancy money only lasts so long. 

hilalm84

At 58. The greater problem is finding alternative paid employment. Redundancy money only lasts so long