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AIBU?

Zero hours contracts and notice period

23 replies

freakazoidroid · 17/01/2016 21:39

Sorry for hijack but thought I might get more traffic here ! I need some replies before tomorrow !
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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monkeysox · 17/01/2016 21:41

I'd say from that you would know two weeks before any hours and therefore two weeks before no.hours so they've given you more notice than that.

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karalime · 17/01/2016 21:41

I've quit shop and bar work with no notice without issue. If they're closing for good you might not have much chance of a reference anyway.

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monkeysox · 17/01/2016 21:43

It doesn't mention your notice to them sorry I get what you mean now. If you have a job to go to I'd give them a week notice.

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freakazoidroid · 17/01/2016 21:52

I have another 3 weeks to go. So monkey sox what do you mean I should do ? I am a bit confused? I get paid on the 25th of Jan.
I am worried I won't get paid. Can they do that!

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TheSnowFairy · 17/01/2016 21:59

If you want a reference, work til the end.

If you want your pay, work til 25th.

I wouldn't say anything personally, if you just want your pay take it then phone in sick (as they're closing down).

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freakazoidroid · 17/01/2016 21:59

Anyone? Some proper advice? Thanks for all answers so far

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BrassMonk · 17/01/2016 22:02

A true zero hours contract would mean that you were no obligated to accept any work- so in theory you can be "on notice" for any length of time but unavailable for any hours during that time.
However on a technical level, I would agree with the previous poster who stated work till the 25th if you want to guarantee payment and work till the end if you want a reference.

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freakazoidroid · 17/01/2016 22:10

Ok thanks brass monk . I am in paid in arrears from the 1th each month - so would also expect to be paid in Feb too - so I don't want to forgo that.
Isn't it illegal for them to actually not pay me for all the hours I have worked.

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Lurkedforever1 · 17/01/2016 22:20

In theory you can just walk, if you don't need a reference. But they have to pay you for any hours worked. If it's a branch of a bigger chain/ belongs to a reputable company, they'll pay what they owe even of you quit today. If it's a small company, or one already with a bad reputation, they might not.

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monkeysox · 17/01/2016 22:23

They do have to pay you for hours you've already worked. I meant I'd just give them a weeks notice out of courtesy if you have found another job. Otherwise continue working for them until they close? Keep a note of all hours just in case there are any issues in getting last pay cheque.

I don't think technically you have to give any notice being on a zero contract .

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freakazoidroid · 17/01/2016 22:39

That's the trouble lurked - they are a small family run business .

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freakazoidroid · 17/01/2016 22:41

The shop is not closing until May. They are starting to shut on Mondays from 1 Feb.

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BrassMonk · 17/01/2016 23:11

It is illegal not to pay you for hours already worked. However in reality if they don't pay you, your only recourse would be an employment tribunal. Since 2013 there have been fees attached to this. For an unpaid wages (and possibly unpaid accrued holiday pay?) you would be looking at fees of approx £160 to lodge the claim and another £200ish if it went to a hearing. So that balanced against the money you would be word would probably make it unlikely that you would pursue a claim.

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HelenaDove · 17/01/2016 23:16

Which is the whole idea of the fees Hmm

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BrassMonk · 18/01/2016 00:06

Agreed, HelenaDove

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freakazoidroid · 18/01/2016 07:33

What about if I have problems with childcare or my daughter being ill - I could use that ? Without any repercussions.

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Oldraver · 18/01/2016 09:17

I would wait until they pay you then leave.

If a company cant be bothered to give employees the basic decency of set hours contract then they forfeit all right to any loyalty

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Oldraver · 18/01/2016 09:22

Sorry I've just seen you get paid in arrears. If you wlak then there is the possibility they could not pay you, and as other shave pointed out it would cost you to try and get it back.

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BlueMoonRising · 18/01/2016 09:25

Where I worked, your notice for zero hours was to work shifts already agreed, which was up to two weeks in advance.

You should just speak to them though, in the circumstances they might be happy to waive that.

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freakazoidroid · 18/01/2016 09:57

How about if I called in sick the next 2 weeks ? They could not keep my wages then? I am desperate!

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Stormtreader · 18/01/2016 10:51

Why are you so desperate to leave?

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BlueMoonRising · 18/01/2016 10:56

You've got two days left. Unless they are abusive in some way, I would just tell them now that will be your final shift, and such it up.

Why are you desperate to leave?

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cimadad · 19/11/2017 15:23

If you get paid monthly and your contract is a zero hours contract and it states that the employee should give two weeks notice. if you are "let go" mid month:
1 does the employer have to give the employee 2 weeks notice.
2 if he does not does the employer have two pay two weeks pay based on an average week.
3 does the employer have to pay holiday pay
4 what happens about pensions ? I thought every employer

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