Zero-hours contract – entitled to pay for booked shifts?

wmat983

My partner is on a zero-hours contract through an agency but has consistently worked around 50 hours a week for the past 18 months.

She’s currently been stood down while a safeguarding investigation is ongoing and has been told she won’t be paid because they only pay for hours worked.

She already had around 11 shifts booked in, roughly 110 hours, before being stood down. Some paperwork says “Contract of Employment” while other documents say “Contract for Services”.

Does anyone know whether she could still be entitled to pay for the shifts that were already booked, even if they later decide she can’t return to the placement?

Woodstok2000

Generally zero hours means no work, no pay. What does her contract say about shifts being booked but then cancelled by the employer?

wmat983

It doesn’t seem to say anything specific about booked shifts being cancelled. It just says she’s paid for hours actually worked, and that the assignment can be ended at any time.

That’s why I’m unsure where she stands with the 11 shifts that were already booked before they stood her down.

Woodstok2000

https://forums.moneysavingexpert.com/discussion/comment/82137896#Comment_82137896

In that case its most likely that if she doesn't work them, she won't be paid.

PocketCompass

I wonder if the fact she's been working around 50 hours every week for 18 months makes any difference here though? That sounds a lot more regular than what I'd normally think of as zero-hours work. Might be worth checking with ACAS what her actual employment status is rather than just going by what the contract is called.

marcia_

agree with the above see what your employment status is here https://www.gov.uk/employment-status

Look like you are a worker with employment rights

wmat983

Thanks for your replies, I'll get her to contact ACAS in the morning and see what they say!

ohreallƳ

You need to establish her status before doing anything. If she is providing services don't waste time and money as it's unlikely to be fruitful.

Encourage her to look for employment elsewhere.