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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To think a zero hours contract shouldn't need 4 weeks' notice

27 replies

Ieattoomuchsugar · 10/01/2022 17:22

I used to work full-time as a community carer, but now I only do it one day a week alongside another job due to ridiculous rotas, expected to be out from 7am-9pm most days, last minute changes, constantly asked to do overtime etc and for £9.20 an hour.

I do 36 hours in my main job and on the Saturdays in this community care job I'm supposed to be available between 7am and 10pm.

I'm down to work 11 hours this coming Saturday at the care job, but I would now like to change my Saturday hours to a maximum of 7 so that I'm not working over 42 hours a week in total.

I emailed them stating that I wished to only work between 7am and 2pm on Saturdays as soon as possible, and have been told that I need to give 4 weeks' notice to have this request granted.

Am I wrong in thinking that I don't need to as it's a zero hours contract and that things work both ways ?

OP posts:
JustUseTheDoorSanta · 10/01/2022 17:24

What does your contract say about hours? You might need to quote it back to them.

You won't struggle to get another care job unless you're wildly overpaid, so I wouldn't worry too much about what they think about it. Good luck.

TheHoptimist · 10/01/2022 17:25

It doesnt

It is zero hours- it goes both ways you can just decline any work.

But the situation you describe isnt notice? You are not wanting to stop but too change what seem to be established hours?

Ieattoomuchsugar · 10/01/2022 17:25

It does state 4 weeks' notice in the contract but there's nothing mentioned about minimum or maximum hours or anything else. I will have to follow it but I think they are exploiting people even though it is a zero hours contract.

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Ponoka7 · 10/01/2022 17:26

There's still a notice period. Sometimes they'll let you leave without it, but unless it's an emergency generally they want change working hours, unless they have a surplus of staff to cover.

Halo1234 · 10/01/2022 17:26

I am not an expert. But I would agree with you. Your contract is 0 hours therefore you should not be expected to work a minimum of 11 hours or give notice to do 7 hours. Surely it's a two way thing. Have you got a copy of your contract? I can't see how they can possibly say you are contracted to 11 hours on a 0 hour contract.

Ieattoomuchsugar · 10/01/2022 17:26

I don't have any set or fixed hours, but I am expected to be available anytime between 7am and 10pm. I can be, but this week I've been given 11 hours which I don't want to do, however I've been told I have to until February

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JustUseTheDoorSanta · 10/01/2022 17:27

The cleanest option in that case might be to let them know that you decline the shift, but can be available for a shorter shift if desired. You can ask ACAS for advice on their helpline if it helps.

Ieattoomuchsugar · 10/01/2022 17:28

I will re read the contract. When I started I was asked my availability, I said Im flexible between morning and night, but I think they took advantage of this and took it to mean that I can work day and night all day

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Ieattoomuchsugar · 10/01/2022 17:28

Thanks, I will look at ACAS

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nancy75 · 10/01/2022 17:29

In my experience zero hours contracts never work both ways & no big shocker the way they do work is never in the favour of the employee.

Ieattoomuchsugar · 10/01/2022 17:29

Sadly I think you're right..

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malmi · 10/01/2022 17:30

Zero hours, innit. Email them back firmly declining their offer of a shift this Saturday and reiterating that you would be available between 7 and 2 if they want you. They can decline to offer you any more if they don't want to, of course. But it sounds like they need you more than you need them.

ivykaty44 · 10/01/2022 17:30

It’s works both ways, but employers don’t want that.

Tell them if it’s the case you need 2 weeks rota ahead
And you’ll give them 2 weeks notice of any times you’re not available

And you’re only working 7 hour shifts not double shifts etc

If they don’t like it…. Then they can get someone else

Ieattoomuchsugar · 10/01/2022 17:34

Our rota is given on the Friday for that weekend and the week following, so essentially we are given it less than one week in advance.
So if we work the weekend our rota is confirmed one day before
Yet they want 4 weeks to change one day

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Georgeskitchen · 10/01/2022 17:36

Give them one weeks notice

Ieattoomuchsugar · 10/01/2022 17:55

I will ask them to reduce my hours for this Saturday if possible even if it's not 7am-2pm, but I bet they'll say 'we're really struggling for staff this weekend'

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Xiaoxiong · 10/01/2022 18:04

Can't you give them your 4 weeks' notice now, and then just turn down any work that's not within the times you want to work? I thought that's how zero hours contracts worked - they don't have to offer you any hours, and you don't have to accept any (or all) the hours they offer.

Acas says this too: www.acas.org.uk/zero-hours-contracts

My job is not zero hours, and if I don't work the core hours stated in my contract, they can discipline and ultimately fire me. I don't think your employer can do that to you for hours that you don't accept, even if they're in the periods you are "expected to be available" - there was a court case about this a few years ago and they said zero hours contacts couldn't have exclusivity clauses (which is what that would be if you were expected to be exclusively available to them during those periods in the contract).

Xiaoxiong · 10/01/2022 18:04

If they're struggling for staff then they can jolly well offer you the times you want, or more money, or both!! Don't cave into their guilt tripping.

pussycatunpickingcrossesagain · 10/01/2022 18:06

@Ieattoomuchsugar

I will ask them to reduce my hours for this Saturday if possible even if it's not 7am-2pm, but I bet they'll say 'we're really struggling for staff this weekend'
But surely that is their problem and not yours. Tell them you will give them the same notice that they give you. Remind them you'd earn more in retail
Boombastic22 · 10/01/2022 18:11

Just refuse to do it.

They can sack you possibly but if they’re so short staffed this is presumably unlikely.

Ieattoomuchsugar · 10/01/2022 22:00

I've read through the contract and there is nothing mentioned about being obliged to accept or able to refuse work, just states that 4 week notice is required for any availability changes

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LIZS · 10/01/2022 22:09

How far in advance was the rota done? Zero hours you can just decline or be unavailable, although that risks not getting hours-bin future.

CoffeeRunner · 10/01/2022 22:13

I had a community care contract like this. The company could give me as many or as few hours as they liked but I had to give 4 weeks' written notice to change my "availability" - which is what you want to do.

Interestingly, the notice period to leave the job altogether was only 1 week.

LadyNell · 10/01/2022 22:33

I'd tell them to poke it and go somewhere else care Industry is struggling you would have no problem getting something else

RedHelenB · 11/01/2022 06:23

So they are correct but as others have said you just decline the shifts if they don't suit.

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