Guaranteed hours contract/sudden change to zero hours(5 Posts)
DH has worked for private training provider for 2 years. Boss attempting to remove his safety net, a guaranteed hours contract, for a 'supply contract'. With literally no notice. A supply contract hasn't materialised and isn't referred to in the staff handbook. DH's teaching hours have been drastically reduced - a guaranteed hours contract would at least have cushioned this, a bit. Now, he's heard that there won't be any work next week - maybe not for some time.
Question is - can such a contract be changed without notice? It doesn't state a shelf-life at it were.
If DH were to accept this, wouldn't this be tantamount to redundancy - a guaranteed hours contract to what is effectively a zero hours contract (but, again, after the initial threat, no substitute contract has emerged, if, indeed, it exists.)
DH is putting in a claim for this month on basis of guaranteed contract - but this may bounce back. Any thoughts would be gratefully received.
I believe that they have to give him the notice in his contract if they want to change it. Does he have a notice period in his contract? If he doesn't want the new contract, they'd have to make him redundant. Has he worked there more than 2 years?
I'm not an employment lawyer and there are a couple on here who will know better.
Get him to call ACAS asap. Although I'm not sure they'll be able to help much unless he's been there over 2 years.
Thank you for your replies - sorry, should have got back earlier but things have been very difficult.
DH will have been with that employer for 2 years come end of May this year (if he stays). We are aware that if it had been over two years already, that would have put him in a stronger position.
A few days ago, DH had a brief email from the employer, mentioning rising student numbers and asking him to teach afternoons next week. (DH had been doubtful if we'd ever hear from them again.) He accepted. Then today he had a highly belated email from the Principal, blaming illness and a journey abroad for the delay, and attaching a "supply contract", dated 4th April! This should hold good from 1st May if Principal adheres to contract (one month's notice for change of contract) but the implication from today's email to DH is that this will be retrospective & therefore that, for April, DH will be paid for only the few hours that he was given and not for the guaranteed hours as per his original schedule.
He has contacted his Union, and ACAS.The Union say that so long as the employer's decision to reduce DH's hours is "reasonable" (word from contract), then his best course of action is to fight to be paid the minimum hours, as per contract, for April, on the grounds that he has a right to a month's notice according to the contract. ACAS basically said that DH should ask the Union to negotiate on his behalf. Neither seemed to think that he could do much to avoid having the new contract, with no guaranteed hours, if he wished to stay for the moment. Union is acknowledging that this new, so-called 'supply contract' is in fact a zero hours contract. It is a carbon copy of the original contract - just with the words 'supply contract' attached to it. Seems to me to have been made up purely for the purpose of getting rid of DH (for we can't get by on the unpredictability of the very few hours offered/withdrawn.) My income is very modest and we still have dependent DCs.
Does anyone have more ideas? And thanks again.
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