Rights as a 0 Hour Contract worker?
Discussion
Sorry I know this is a bit of a bore but I am looking into what rights a 0 hour contract worker has and have stumbled across the following from the gov.uk:
Generally speaking, a zero hours contract is one in which the employer does not guarantee the individual any hours of work. The employer offers the individual work when it arises, and the individual can either accept the work offered, or decide not to take up the offer of work on that occasion.
Is there any certain way in which the work has to be offered, i.e a Rota/Written form or is it fair for an employer to expect you to work every day without having said anything directly to you?
Also I am mildly confused by whether I would be considered a worker or an employee and whether this would have any impact on whether I can refuse work?
I would appreciate any helps/thoughts on the matter
Generally speaking, a zero hours contract is one in which the employer does not guarantee the individual any hours of work. The employer offers the individual work when it arises, and the individual can either accept the work offered, or decide not to take up the offer of work on that occasion.
Is there any certain way in which the work has to be offered, i.e a Rota/Written form or is it fair for an employer to expect you to work every day without having said anything directly to you?
Also I am mildly confused by whether I would be considered a worker or an employee and whether this would have any impact on whether I can refuse work?
I would appreciate any helps/thoughts on the matter
GoneAnon said:
As I understand a zero-hours contract, you are a worker, not an employee and I don't believe you have any pension or holiday rights. You do have the right to refuse work at any time.
And the employer has the right to not offer you any more work ever again.
You are entitled to holiday but you will earn it on a pro rata basis based on the hours you work. For example when I worked for an agency during my summer off at uni for a major warehouse for a pharmaceutical retailer that rhymes with roots you earnt approximately a day for every 3 weeks you worked (or something like that)And the employer has the right to not offer you any more work ever again.
SteBrown91 said:
You are entitled to holiday but you will earn it on a pro rata basis based on the hours you work. For example when I worked for an agency during my summer off at uni for a major warehouse for a pharmaceutical retailer that rhymes with roots you earnt approximately a day for every 3 weeks you worked (or something like that)
I'm in a similar position as I work for a rental company that rhymes with lifty and am doing it during my Uni summer. When you were on a 0 hours contract, were you given a rota for every week with the days and hours you were expected to work? Or was it just expected that you would work throughout the week from open to close? Rights, as far as I can gather ,none.
but it's a great invention for Jobcentres to do some employment culinary accountancy.
One example, which I've seen locally. Local firm wants a stack of workers for manual work ,on flexible terms. i.e. ,there might be great demand on one night, but nil on another. But no guarantee on pay if no work. So they approach local Jobcentre, who find clients ( usually long term unemployed ,who are sick of dole life, and yes there are more than a few), and get them registered with this agency ,on a zero hour contract, meaning that clients are no longer registered as unemployed. Come on ,then, all together to the tune of "Fools & Horses" -"W'll cut dole queue at a stroke".
Agency is non to particular over advising workers of available work and all report for work,which is on a first come ,first served basis.
Sounds familiar- very familiar, just what happened in the dock labour industry in the 40 's. But I don't see Jeremy getting in a lather over this practice.
but it's a great invention for Jobcentres to do some employment culinary accountancy.
One example, which I've seen locally. Local firm wants a stack of workers for manual work ,on flexible terms. i.e. ,there might be great demand on one night, but nil on another. But no guarantee on pay if no work. So they approach local Jobcentre, who find clients ( usually long term unemployed ,who are sick of dole life, and yes there are more than a few), and get them registered with this agency ,on a zero hour contract, meaning that clients are no longer registered as unemployed. Come on ,then, all together to the tune of "Fools & Horses" -"W'll cut dole queue at a stroke".
Agency is non to particular over advising workers of available work and all report for work,which is on a first come ,first served basis.
Sounds familiar- very familiar, just what happened in the dock labour industry in the 40 's. But I don't see Jeremy getting in a lather over this practice.
GoneAnon said:
As I understand a zero-hours contract, you are a worker, not an employee and I don't believe you have any pension or holiday rights. You do have the right to refuse work at any time.
And the employer has the right to not offer you any more work ever again.
you do earn holiday entitlement and in the light of auto enrolement with pensions in pay periods where you earn sufficent and not having opted out employer and employee contributions will be taken. And the employer has the right to not offer you any more work ever again.
Edited by mph1977 on Tuesday 9th August 00:51
You just tell them you can't work that particular block of hours, the idea is that it cuts both ways. With a decent employer who' s using zero hours contracts in the way they should be used then that should be no issue at all.
Obviously where it all goes wrong is that it's so very, very easy to abuse.
When you say they're going to penalise you what are they saying about it? Have you asked them what happens if you can't work some hours they ask you to?
Obviously where it all goes wrong is that it's so very, very easy to abuse.
When you say they're going to penalise you what are they saying about it? Have you asked them what happens if you can't work some hours they ask you to?
BlueHave said:
A slave has more rights than a zero hour contract worker.
Really. I didn't realise that a slave was entitled to say "I won't be available for work for the next month, as I'm visiting my son in the States. If you don't like it, you can lump it. I will be available when I return, and if you want me, then fine, and if not, I'll find something else."Slavery must've been a far better deal that they taught me at school.
Yadizzle1 said:
So how would I go about refusing a shift or work and is the employer really allowed to penalise me for refusing work?
You say; "I'm sorry Boss/Manager etc, but unfortunately I can't work that shift. Any chance somebody else could cover it this time around?"
The response will either be;
"Sure, no problem Yadizzle. I'll get Tiny Rick to cover it this time; are you still okay with the rest of your shifts?"
or
"FFS, do you not want the money?! Look, don't f
king bother; I'll get Tiny Rick to do it.... and probably the rest of your shifts as well. He seems more committed than you. Don't bother coming in until I call you."The results will depend on how much of an a
hole your employer is.Can they do that? Legally, no. Can they actually do that, yes. Trying to prove they are intentionally penalising you is exceptionally difficult; they'll just claim that they don't have much work on at the moment so can't offer you anything.
The Beaver King said:
or
"FFS, do you not want the money?! Look, don't fking bother; I'll get Tiny Rick to do it.... and probably the rest of your shifts as well. He seems more committed than you. Don't bother coming in until I call you."
In my experience it's usually this. The nature of zero hour contracts and the requirement for zero hour contract often means the manager is a complete arsewipe. "FFS, do you not want the money?! Look, don't f
king bother; I'll get Tiny Rick to do it.... and probably the rest of your shifts as well. He seems more committed than you. Don't bother coming in until I call you."Think Asda store manager or similar, often under pressure to maximise efficiency and often not very experienced.
charltjr said:
You just tell them you can't work that particular block of hours, the idea is that it cuts both ways. With a decent employer who' s using zero hours contracts in the way they should be used then that should be no issue at all.
Obviously where it all goes wrong is that it's so very, very easy to abuse.
When you say they're going to penalise you what are they saying about it? Have you asked them what happens if you can't work some hours they ask you to?
They haven't said anything just yet but my manager is the type of person to cut my hours down or give me a disciplinary over something like this. Obviously where it all goes wrong is that it's so very, very easy to abuse.
When you say they're going to penalise you what are they saying about it? Have you asked them what happens if you can't work some hours they ask you to?
I have read through my contract and it says that I will be given at least two hours notice before i start work. However nothing in regards to me notifying them that I cannot work a shift.
When I worked on a zero-hour contract, willingly, and it suited both my employer and I, and wasn't exploited, I used to receive 1 hour's pay for every 11 hours worked as a pro-rata rate of holiday entitlement.
But this was before pensions/enrolement etc came into play and I'm not sure how it works with those staff who are now employed on such contracts, though the holiday rate remains the same.
But this was before pensions/enrolement etc came into play and I'm not sure how it works with those staff who are now employed on such contracts, though the holiday rate remains the same.
Who me said:
Rights, as far as I can gather ,none.
but it's a great invention for Jobcentres to do some employment culinary accountancy.
One example, which I've seen locally. Local firm wants a stack of workers for manual work ,on flexible terms. i.e. ,there might be great demand on one night, but nil on another. But no guarantee on pay if no work. So they approach local Jobcentre, who find clients ( usually long term unemployed ,who are sick of dole life, and yes there are more than a few), and get them registered with this agency ,on a zero hour contract, meaning that clients are no longer registered as unemployed. Come on ,then, all together to the tune of "Fools & Horses" -"W'll cut dole queue at a stroke".
Agency is non to particular over advising workers of available work and all report for work,which is on a first come ,first served basis.
Sounds familiar- very familiar, just what happened in the dock labour industry in the 40 's. But I don't see Jeremy getting in a lather over this practice.
Yet evidence shows that people on zero hours contracts are happier than those on fixed hours contracts.but it's a great invention for Jobcentres to do some employment culinary accountancy.
One example, which I've seen locally. Local firm wants a stack of workers for manual work ,on flexible terms. i.e. ,there might be great demand on one night, but nil on another. But no guarantee on pay if no work. So they approach local Jobcentre, who find clients ( usually long term unemployed ,who are sick of dole life, and yes there are more than a few), and get them registered with this agency ,on a zero hour contract, meaning that clients are no longer registered as unemployed. Come on ,then, all together to the tune of "Fools & Horses" -"W'll cut dole queue at a stroke".
Agency is non to particular over advising workers of available work and all report for work,which is on a first come ,first served basis.
Sounds familiar- very familiar, just what happened in the dock labour industry in the 40 's. But I don't see Jeremy getting in a lather over this practice.
A few posters have already said they are happy. You can add me to that list as well.
Edited by 98elise on Tuesday 9th August 12:33
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