advice on zero hour contact and leaving

[Myrandomfamily]

It's bad to post for traffic I know but I posted here the other day about my poor working conditions.

I've decided to leave I think. I just can't hack it any more - but how much notice do I need to give? For zero hours? I've never had a job like this before and I don't know what the protocol is.

[FunkyBoldRibena]

You give what your contract says, and then just refuse any more hours until that date passes.

[britnay]

what does your contract say?

[Myrandomfamily]

In

[Myrandomfamily]

Sorry. I don't know what it says. I just know it's zero hours.

[TestingTestingWonTooFree]

I think it really depends on whether you want a reference from them. If you don't, then you can risk leaving on bad terms. If you do, then it would be polite to work whatever you're rota'd to do.

[LIZS]

do you have a written contract ? You could call ACAS for advice otherwise

[TestingTestingWonTooFree]

I'm not a HR/employment lawyer btw, but without seeing your contract, I'm not sure anyone can give very detailed advice.

[Myrandomfamily]

Not sure how to get hold of my contract

I'd prefer a reasonable reference definitely!

It's just really difficult - I feel so stressed out and upset by working too many hours and am permanently shattered!

[LIZS]

How long have you worked there ? If unsure, why not say as of x date you will not be available and wish to terminate your contract, maybe the last rostered working day you currently have. With 0 hours you can have other employers anyway and turn down offers of work to suit you.

[Myrandomfamily]

It's weird but they won't let you. I guess there must be something in my contract about this but I tried to book my birthday off (September ) and they said no.

[Myrandomfamily]

3 months. :)

[LIZS]

But the whole point of 0 hours is that there is no obligation of regular work on either side . Offer a week's notice or as long as your last commitment and see what they say.

[Myrandomfamily]

I know it's stupid but I am just anxious generally. Despite the rubbish conditions it's a worthy job and I'd hate people to be left in the lurch because of me.

[LIZS]

www.acas.org.uk/zerohours

[FunkyBoldRibena]

Write out your notice giving a week.

Hand it in.

If they say that you need to give a month, ask them to show you where it says that [I am presuming they never gave you a contract] as in the absence of a contract, a week is the legal minimum.

And then, just refuse any hours.

Stop worrying about them. If they were worried about you - you wouldn't be on a zero hours contract or worrying about being there.

[Littlef00t]

If you're working too many hours and your planning on leaving anyway, have you tried just refusing to work certain shifts as is your right and seeing what they do.

If they are ok with it, you have a better balance and can look for something else, if they don't like it they will just stop giving you hours?

Legally they can't give you a bad reference without it being watertight, so factually accurate and documented. These days employers usually just give a basic reference of x worked at y as a z for how ever long.

[honeybuffe]

I was on a zero hour contract. My contract stated a weeks notice to be given from 0-2yrs working for the company and 2 weeks notice from 2-5yrs working for them. Unfortunately a zero hour contract does not mean zero notice. However, you should have been given a copy of your contract which was signed by you and your manager, in this there may be details of shorter notice if only there a few months and as such still on "probation". If you weren't given a copy of your contract which you are entitled to I would give one weeks notice and if questioned bring up lack of information and transparency due to lack of your own copy of contract.

[BarbarianMum]

Zero hours contract doesn't mean zero hours notice, no, but as you can turn down any hours offered this doesn't matter. Just hand your notice in then be unavailable for work until your notice period is up. They cannot refuse you a reference, or give you a bad one for doing this.

[DizzyKipper]

How many weeks notice can you actually give? Do you have another job lined up, and if so when do you need to start? As Littlef00t points out, if they're giving too many hours you're within your right to refuse some of them.

[Myrandomfamily]

I don't think I can turn down some hours though (it's a care agency) as when I asked for my birthday weekend off (in a month) they said no, too many people had requested it already.

[LadyIsabellaWrotham]

I agree with previous posters. Write a letter giving them a week's notice (the statutory minimum) or however long you actually want. If they say that you need to give longer then ask for a copy of the signed contract proving that.

[bebebringingup]

Have you actually ever had a contract? or were you given one and you lost it?

[Myrandomfamily]

The latter

[Honeybear30]

Can't you just request a copy? If they ask why just say you need it to prove your employment status for the bank or something. You don't have to mention resigning if you're worried. Then you can check the notice period.

[Myrandomfamily]

Thanks honey I'll try to do that. Because my work is based here there and everywhere it's difficult to actually SEE anybody I work with at times!