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AIBU?

advice on zero hour contact and leaving

46 replies

Myrandomfamily · 19/08/2014 14:16

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.

OP posts:

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Myrandomfamily · 19/08/2014 19:25

Yes it's 18 hours but I'll only be paid for about 10 - travel time isn't counted neither is trapped time :)I do need to grow a pair. Just worried.

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Altinkum · 19/08/2014 19:10

This reply has been deleted

Message withdrawn at poster's request.

SecretSpy · 19/08/2014 19:08

Two 18 hr shifts is unenforceable anyway I suspect given that you should have a minimum of 11hrs rest between shifts under the working time directive.

I am on a zero hr contract. It clearly states I am not obliged to accept hours and they are not obliged to offer me any.

And I tell them when I am not available.

myroomisatip · 19/08/2014 19:02

I am in the same type of job on a one hour contract and I am required to give 4 weeks notice.

I understand it is very very difficult to refuse to do the calls. My hours of availability were recorded as two days a week, I am lucky to get two days a week off. It is extremely stressful and bears a lot of responsibility and yet I get paid less than a cleaner. However, I do it because I find it very rewarding (just not financially!).

I do not think that they could complain if you gave four weeks notice. But first get a copy of your contract and see what it says.

FunkyBoldRibena · 19/08/2014 18:34

The problem is I am working 2 18 hour days this weekend back to back.

So hand your notice in, and tell them you cannot do the above hours.

Do it soon so that they can find someone else to do it though.

LIZS · 19/08/2014 18:26

But no one is making you do 18 hour shifts - you can just say no, you are not available to work those hours, with due notice of course. A lack of resources is not your problem and hardly surprising if they don't treat their employees well. They are relying on a sense of guilt and obligation to their clients to avoid regular terms and conditions.

Myrandomfamily · 19/08/2014 18:08

I was talking to myroomisatip! So is mine hence why I've lost the contract!

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Handsoff7 · 19/08/2014 18:04

It's your life too. If you're unavailable they'll have to find someone else to do it.

By the contract they've given you , you can make any shift you like your last one - and you don't owe them anything.

You may wish do to do more than the bare minimum for a better reference or because you think it'll take time to find someone to cover your shifts and you feel bad for the patients. If so, fine, but you don't owe your employer a thing.

bebebringingup · 19/08/2014 18:04

Ive read the thread thank you very much. You need to ask for it again. I don't quite understand why you are finding that quite so hard. Talk about not wanting to help yourself.

Sorry i don't see the point in this. Im trying to offer you free legal advice and warn you of what your employers might do (you are welcome by the way- talk about ungrateful) I'm not going to bother anymore as you are clearly looking for attention.

bebebringingup · 19/08/2014 18:02

myroomisatip- The employer has fulfilled their obligation but the OP has lost the copy of that contract.

Myrandomfamily · 19/08/2014 18:01

The problem is I am working 2 18 hour days this weekend back to back.

I feel sick at the thought.

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Myrandomfamily · 19/08/2014 18:01

Yes and I've lost it - read the thread! It's only 2 pages

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bebebringingup · 19/08/2014 18:01

Exactly, hence I referred to the shifts you feel morally obliged to do.

Again, they can't come and get you and force you to go to work, they aren't the Gestapo after all. However, once again, dependant on your contract of employment, if you have agreed to shifts that are outstanding there are occasions clients of mine have deducted the value of these missed shifts from any money outstanding to you (e.g: salary/payment/holiday pay).

myroomisatip · 19/08/2014 17:59

I thought an employer was legally obliged to give an employee a copy of their contract. OP did you sign a contract?

Myrandomfamily · 19/08/2014 17:55

Well yes but what if they won't actually let me,'put me down for shifts that I'm then forced to do?

Okay - they can't physically force me but it isn't like working in subway where someone may have to wait longer for a sandwich and boo hoo: it's people's lives!

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bebebringingup · 19/08/2014 17:51

Just leave then. i don't see what the issue is. If you don't care about your reference then fulfil any visits or sessions you feel morally obliged to do, give our your company property and tell them you aren't coming back.

Myrandomfamily · 19/08/2014 17:47

In all honesty I'm not worried about the reference particularly but I am more worried about not being "allowed" of leave - and I NEED to leave!

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bebebringingup · 19/08/2014 17:43

PS. I see you've included that you have misplaced your T&Cs. Ask for a copy. Most of my clients from 4 weeks to 6 months notice periods which over ride the statutory minimum.

bebebringingup · 19/08/2014 17:41

I am an employment lawyer by the way.

They can refuse to give you a reference, they just won't respond to your next employer's letter or phone call.

Or they can give details of your start and end dates along with any details of sickness absence or other absence you have taken.

If you do resign and don't give appropriate notice, there are various things they can do to make your life difficult and which will impact either your wages or your reference. Some of these aren't very ethical, admittedly.

If I was a lawyer advising your company, I would ok them dismissing you for AWOL if you didn't give appropriate notice because at 3 months service you won't qualify for making an unfair dismissal claim. Then they can write 'Reason for leaving: Dismissed'. Sorry, its not very nice. But do get a copy of your contract!

Myrandomfamily · 19/08/2014 17:40

They definitely said it was a zero hours at interview but that i would never actually have no hours - they weren't kidding!

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LadyIsabellaWrotham · 19/08/2014 17:39

Oh if you've lost it then yes ask for a replacement copy. It should clarify whether you're on a true "zero hours" as well.

Myrandomfamily · 19/08/2014 17:38

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!

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Honeybear30 · 19/08/2014 17:36

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 · 19/08/2014 17:33

The latter

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bebebringingup · 19/08/2014 17:32

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

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