Employment law assistance required please
Discussion
I'm currently on hold, and have been for some time, to CAB so I thought I'd post here to see if there is some good advice.
A bit of background; I am employed with a zero hour contract, and have been working the same hours for I think 3 years now. I work one shift a week for a total of 7 hours.
We have had a change at my work place lately, and ultimately the whole staff in my area have been told that we need to go to staff training so we are up to speed on the new kit. This is understandable obviously. We have been told that it will be three full days of training on a Thursday, Friday and Saturday. initially (last week) we were told it was going to be thrusday and friday only.
These three days are three days I never usaully go in on (my shift is a wednesday), I have other commitments with freelance work and another job on friday from which I will have to take unpaid leave. I was willing to do this, but on the saturday I have a planned and booked biking holiday in the lakes. They now know this and their response has basically been - it's happening, deal with it.
I am not prepared to cancel my holiday, neither do I feel like I should. They are saying though that if we don't attend the training, they can't guarantee us any hours.
Can they do this lawfully?
A bit of background; I am employed with a zero hour contract, and have been working the same hours for I think 3 years now. I work one shift a week for a total of 7 hours.
We have had a change at my work place lately, and ultimately the whole staff in my area have been told that we need to go to staff training so we are up to speed on the new kit. This is understandable obviously. We have been told that it will be three full days of training on a Thursday, Friday and Saturday. initially (last week) we were told it was going to be thrusday and friday only.
These three days are three days I never usaully go in on (my shift is a wednesday), I have other commitments with freelance work and another job on friday from which I will have to take unpaid leave. I was willing to do this, but on the saturday I have a planned and booked biking holiday in the lakes. They now know this and their response has basically been - it's happening, deal with it.
I am not prepared to cancel my holiday, neither do I feel like I should. They are saying though that if we don't attend the training, they can't guarantee us any hours.
Can they do this lawfully?
If you are under no contractual obligation to accept an offer of work and they are under no contractual obligation to provide you with work then not offering work in the future because you have refused an offer of work is not unlawful.
The reality of your situation may not be as described above notwithstanding the description you have given it. Your circumstances need to be examined to determine what your employment status is likely to be. Your employment status determines your statutory rights.
In practical terms if you do not attend the training you run the risk of losing some, if not all of your hours in the future. Even if you do have statutory rights, these will, most likely, give you the prospect of a claim for compensation rather than a job.
The reality of your situation may not be as described above notwithstanding the description you have given it. Your circumstances need to be examined to determine what your employment status is likely to be. Your employment status determines your statutory rights.
In practical terms if you do not attend the training you run the risk of losing some, if not all of your hours in the future. Even if you do have statutory rights, these will, most likely, give you the prospect of a claim for compensation rather than a job.
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