zero hours furlough

[Daineseturbo]

Hiya,

Pretty sure this is the right thread. Opinion / help please!

Short version: wife is a zero-hours worker for council, providing sessional support to children’s services (home visits, contact orders, etc). For a number of months, the scheduled work each week comprised the same assignments, hence became her usual working pattern despite her zero-hours status.

Arising from the latest lockdown, all work cancelled with immediate effect, council citing Covid as reason.

We understand that the UK Government and Local Government Association “expects” council employees to be either redeployed or “paid as normal” - and this includes provision that zero hours contract staff should be treated equally with other employees. The LG Association have also published guidance over how “normal pay” for zero hours staff should be calculated (12-week average). My wife has offered to work as a Covid Marshall to support vaccine rollout, which she has not been taken up on.

Now the punchline..... the council has said “jog on” with regard pay or furlough - citing budget challenges.

Really need to know our rights here, as this has landed us in the pool financially. Feels like working for the council has backfired, especially given the crappy pay for what can be a highly emotive job dealing with these poor kids.

What would you suggest?

Help!!

Surely that's not legal?

I can't help I'm afraid but there must be some info online re zero hours contracts?

Have you contacted your MP? If you have a good one I think they could be really useful in this situation. Good luck

How long has she worked under this zero hours contract?

This sounds like the sort of thing that probably is legal, but is incredibly poor form from the Council. Certainly some businesses are doing this to avoid pension and NI contributions, which I think they're obliged to pay themselves if they're keeping staff on furlough.

However a Council is a huge employer and it's a different kettle of fish to a small business trying to keep itself afloat. Seems a really cynical move by them. I wonder if it could be challenged on discrimination grounds somehow - unequal treatment compared to other employees?

I would be writing to everyone you can, senior figures at the Council and local MP to highlight what is happening. It's certainly not in the spirit of what they've been asked to do.

Hopefully someone here will know more about this.

I work for the council, also zero hours and they didn't furlough anyone. They redeployed a number of staff. It was council policy to not furlough.

My ds works as as school cleaner on a zero hours contract and when furloughed during the first lock down he was furloughed. We are waiting to see if it happens again.

Are any public bodies using furlough? I had thought not.

Are any public bodies using furlough? I had thought not

So did I, but our LA has furloughed an enormous number of staff
Apparently the guidelines say they're "not expected to", but there's a difference between that and "can't" and the number of loopholes enable it quite easily

No employer is obliged to furlough an employee so I don't think you'll get anyway going down that route.

I'd say you'd need proper advice on the expectation to continue to pay employees but if it's just an expectation would you have any recourse there?

From the way you've described it it sounds like the zero hours aspect isn't a factor, has that been mentioned a reason for her not being paid?

Hello, thank you very very much for the replies. The answer given by the Hr dept is that no payment exactly because of the zero hours contract. We’ve challenged on the grounds of government and LGA “expectation” and they’ve just said they’re ignoring it!! Really can’t believe it tbh.

What is in the wording of the contract regarding their obligations to offer work and her obligations to accept work offered. If no obligations, she probably isn't an employee, only a worker when she's working. I'd recommend reviewing the contract and speaking to ACAS or CAB as this will need specific advice based on the actual wording. There is so much variation in "zero hours" contracts. I hope you are able to reach a resolution that works for you you.