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Zero hours contract and a clause to accept all hours offers - advice needed

14 replies

freakazoidroid · 17/01/2016 21:09

I work 1 day a week in a shop. I am definitely on a zero hour contract. However , under the hours of works section it says
Hours of work will be offered 2 weeks before required. My company aren't obligated to offer me work at any time and I am not entitled to a minimum number of hours per day or week. If my company do offer me work I am required to accept and complete it.
They have given me 4 weeks notice as they are closing the shop. I just want to leave and thought this would be OK as its a zero hour contract. Please could someone advise - I would be so grateful😀Thanks

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lljkk · 17/01/2016 21:13

Don't see they would or could pursue you if you refuse, tbh, can't be worth their bother.

I'm not against 0-hours contract per se but obligated to take offered uncertain hours is truly bad, should be illegal to put that in a contract.

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freakazoidroid · 17/01/2016 21:15

Thank you llkjkk . It is in my contract. It a small family company. They aren't the best people to work for and I am worried they will withhold my pay. I do not need references as I have already found a new job and am working there happily .

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Hiddlesnake · 17/01/2016 21:20

How long have you worked there, and do you usually have a regular shift?
I've been led to believe that if you are zero hours but "always work 9-3 on a Tuesday" and have done so for some time then you (or they) can claim a relational contract.

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Yddraigoldragon · 17/01/2016 21:20

If they require you to work and you are sick what happens?

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freakazoidroid · 17/01/2016 21:25

Hi Hiddlesnake I have been working there since September and worked every Monday apart from 2 Monday's at Christmas that I took as hols. Does this help my case ? I will work tomorrow - but really don't want to do the remaining 2 Monday's. If I call in sick I just don't get paid .

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freakazoidroid · 17/01/2016 21:30

My contract does definitely say zero hours by the way . I just want to get out

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AFootInBothCamps · 17/01/2016 21:33

/hijack.. Hiddlesnake do you have a link to that? Would be interested in my own circumstance.

Sorry for the hijack.

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freakazoidroid · 17/01/2016 22:01

Anyone? I really need some advice before tomorrow ! Yikes

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Hiddlesnake · 17/01/2016 22:19

A relational contract is based on the trust that two parties have. e.g. Employee trusts the employer to provide a shift every Wednesday and the employer trusts the employee to turn up.
The contract may be explicit in zero hours, but the implicit terms are just as valid.
I think it can be considered relational after as little as three months, but don't quote me on that.

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Hiddlesnake · 17/01/2016 22:28
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freakazoidroid · 17/01/2016 22:37

Thanks hiddlesnake

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freakazoidroid · 17/01/2016 22:42

They are not closing until May. But they are closing in Feb on Mondays.

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jclm · 18/01/2016 10:02

I would just call in sick!

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flowery · 18/01/2016 15:01

It sounds like your contract says you must work Mondays if they want you to, but what's the worst they could do if you say no? Obviously you wouldn't get paid for them anyway, and you say you won't need a reference from them either?

What are you concerned they might do?

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