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

(15 Posts)
freakazoidroid Sun 17-Jan-16 21:09:04

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 gratefulšŸ˜€Thanks

lljkk Sun 17-Jan-16 21:13:34

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.

freakazoidroid Sun 17-Jan-16 21:15:41

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 .

Hiddlesnake Sun 17-Jan-16 21:20:39

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.

Yddraigoldragon Sun 17-Jan-16 21:20:57

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

freakazoidroid Sun 17-Jan-16 21:25:38

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 .

freakazoidroid Sun 17-Jan-16 21:30:24

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

AFootInBothCamps Sun 17-Jan-16 21:33:50

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

Sorry for the hijack.

freakazoidroid Sun 17-Jan-16 22:01:58

Anyone? I really need some advice before tomorrow ! Yikes

Hiddlesnake Sun 17-Jan-16 22:19:45

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.

Hiddlesnake Sun 17-Jan-16 22:28:15

www.acas.org.uk/index.aspx?articleid=4468

freakazoidroid Sun 17-Jan-16 22:37:08

Thanks hiddlesnake

freakazoidroid Sun 17-Jan-16 22:42:14

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

jclm Mon 18-Jan-16 10:02:23

I would just call in sick!

flowery Mon 18-Jan-16 15:01:58

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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