Cancelled my shifts

Will123321

Hi. Having an issue with my current employer. 

I'm on 0h contract, and because of employer fault and miss communication they asked me to perform some duties which are not on my contract.

Because I have refused, they have cancelled all my shifts apart from current week. 

Can I approach to acas regarding that? 

Chris_English

I don’t think this is anything that ACAS can help with. If you are on a zero-hours contract and you are being offered zero hours then that doesn’t sound like a breach of contract.

Will123321

Chris_English said:

I don’t think this is anything that ACAS can help with. If you are on a zero-hours contract and you are being offered zero hours then that doesn’t sound like a breach of contract.

So nothing can be done then? Really frustrating when a company blames employees for their own fault

Will123321

Jillanddy said:

You are on a zero hours contract.  They are not required to offer your any shifts,  and can cancel shifts already offered.  

I think you need to find a new job.  If you are offered any future shifts then I suspect it will only be on the condition that you have "learned the lesson" - you are at their mercy and if they tell you to do something,  you do it. I'm not saying that's right,  but it's reality. Even people with employee status have to undertake duties not in their job description - an employer has the right to reasonably vary duties or add to them,  and if they do there is often nothing that can be done about it. And that's people who have far more protections than you will ever have on a zero hour contract. 

They was expecting me to drive when they have not driver assigned. And my position in contract is not driving. By that, they have decided that I haven't performed my duties. 

cr1mson

How outwith the contract are we talking as most have a catch all clause that says something like all reasonable duties as most jobs change so what the job description originally said and what you actually do change over time?

Will123321

cr1mson said:

How outwith the contract are we talking as most have a catch all clause that says something like all reasonable duties as most jobs change so what the job description originally said and what you actually do change over time?

My duties are not even closer to driving I've agreed to do them a favour and stopped when they decided not to pay because of an issue on their side. And today because again I refused to drive, they cancelled all my shifts saying that I refused to do my duties which are not driving. 

Dakta

Will123321 said:

Jillanddy said:

You are on a zero hours contract.  They are not required to offer your any shifts,  and can cancel shifts already offered.  

I think you need to find a new job.  If you are offered any future shifts then I suspect it will only be on the condition that you have "learned the lesson" - you are at their mercy and if they tell you to do something,  you do it. I'm not saying that's right,  but it's reality. Even people with employee status have to undertake duties not in their job description - an employer has the right to reasonably vary duties or add to them,  and if they do there is often nothing that can be done about it. And that's people who have far more protections than you will ever have on a zero hour contract. 

They was expecting me to drive when they have not driver assigned. And my position in contract is not driving. By that, they have decided that I haven't performed my duties. 

Reminds me of a time I did a job for a few months at a laser cutting company, my contract was to draw shapes/parts in autocad so they could be either laser or plasma cut, one day I turned up and they gave me a set of keys for one of their vans - 'our driver hasn't turned in today so we need you delivering.'

It wasn't really what I'm good at it, I didn't know the usual customer sites at all and the santav was poo but we survived albeit less than optimal compared to the chap who normally did it.


I think what has happened here is they had a need for you to do something else, you've said 'its not in my contract' and they've taken the contract a bit more literally which includes the provision that they don't have to offer work.. I've made some assumptions there but I'm quite confident thats how the company see at least.

I'd ordinarily ask if there was anything unreasonable about the alternative tasks they asked you to do but it really is a moot point because not offering any work is one of the things a zero hour contract really does allow (and that assuming there isnt a clause to undertake other duties as necessary, a lot have this so you might want to check anyway) - so no recourse as far as I'm aware and the company could argue they are (now) working to it

MalMonroe

Yes, you certainly can approach acas. In fact you can approach them about any employment related issue.

Here's what they say about zero hour contracts -

https://www.acas.org.uk/zero-hours-contracts

And here's the contact number -

https://www.acas.org.uk/about-us

Chris_English

Will123321 said:

Chris_English said:

I don’t think this is anything that ACAS can help with. If you are on a zero-hours contract and you are being offered zero hours then that doesn’t sound like a breach of contract.

So nothing can be done then? Really frustrating when a company blames employees for their own fault

I don’t think so. They wanted you to show some flexibility in their favour, and you preferred not to, so they’ve chosen to no longer offer you any hours.

It’s frustrating of course, but it’s their right to do so, just like it was your right to turn down the work which they asked you to do.

Best thing from here is to move on and find the next job.

getmore4less

What were they asking you to drive?
Was suitable insurance in place?

Zero hours you can turn down offers of work.

If what you have agreed to do changes you can turn down that new offer.


They can then not offer any other work which is what they have done.

Don't resign just get another job as zero hours they can't stop you.

If they get desperate you might get work.

Book all your holiday and get that paid to avoid having to chase pay.

Grumpy_chap

Will123321 said:

I'm on 0h contract, and because of employer fault and miss communication they asked me to perform some duties which are not on my contract.

Because I have refused, they have cancelled all my shifts apart from current week. 

What is your normal role?
What type of business is it?

Will123321 said:

They was expecting me to drive when they have not driver assigned. And my position in contract is not driving. By that, they have decided that I haven't performed my duties. 

I am not sure what you mean by "not driver assigned".  I assume that is an internal process, not that you do not have a driving licence.

What was so bad about being asked to do the driving work?

On a zero hours contract, you can refuse any work.  The employer has no obligation to give you any work.  Both those things seem to be happening. 

Based on the information in the thread, I cannot see that you have any grounds for any actions. 

You can, as a.n.other suggested, take any leave that is owing.

Looking at this from the employer's side, they had no work to give you doing whatever your normal task is but were able to give you the driving work and probably thought that was helping you by giving you some work (and pay) rather than no work.