Worked the same hours for 2 years in zero hour contract

[Thesummeriwas16]

Hello there,

I just want some clarification please on this issue. I have worked the same hours each week for 2 years in a zero hour contract. I was emailed a few weeks ago and told that there was going to be a review and I wouldn't be needed to work until after that review. I have to meet up with my employer next week to discuss my role and then start back in November. I don't know what is going to be said in this meeting but I just want to be prepared. I have been looking at information online about zero hours contracts and I think it suggests that because I've been doing the same hours for 2 years I do have rights and they can't just reduce my hours. Is this correct?

Have you had a weeks holiday in the 2 years? If you have I think that breaks your employment contract.

@Paddingtonsmarmlade Yes I have but then holidays and sickness are factored into my pay so surely that's not a break?

@Paddingtonsmarmlade I've had another look online and I think you're right. Many thanks

Holiday doesn’t break your service, no. I would say if you have worked continuously the same hours for two years, the only exception being when you’re on holiday, you have a strong argument that those have become your contractual hours, established through what’s called “custom and practice”.

Workers on zero hours contracts are entitled to holiday and holiday pay, just like as other worker. Taking holiday while on a ZHC is not a break in service and does not affect your other employment rights.

Does the enforced break break your service? Your employer is really taking the piss doing this.

Thank you everyone :-)

@theturtleshead I suppose it does but does that matter as I had already worked for 2 years before that? I don't know what this is about but the way it was done is making me feel uneasy.

@Thesummeriwas16

Thank you everyone :-)

@theturtleshead I suppose it does but does that matter as I had already worked for 2 years before that? I don't know what this is about but the way it was done is making me feel uneasy.

Why do you think holiday breaks your service?

@flowery - no I was responding to the previous poster who asked if this enforced break now will break my service.

I thought the whole point of your question was to ascertain whether they’re allowed to suddenly enforce a break in the first place? And the answer, assuming your hours have become contractual, is no. Unless there’s a lay off clause in your contract, which in any case wouldn’t break your service.

Thank you @flowery it's not so much about the enforced break but about if they decide to reduce my hours when I meet with them this week. When I started I was asked how many hours I wanted to do and that's what I have been doing for 2 years - quite often doing more when they were very short-staffed due to the pandemic. I'm not sure what you mean about a lay-off clause?

The enforced “break” is reducing your hours to zero, unless you are taking holiday.

A lay-off clause is a contract clause allowing an employer to send an employee home for a period, with little or no pay. I imagine your contract doesn’t have that, as, on paper anyway, it’s zero hours.

@flowery

The enforced “break” is reducing your hours to zero, unless you are taking holiday.

A lay-off clause is a contract clause allowing an employer to send an employee home for a period, with little or no pay. I imagine your contract doesn’t have that, as, on paper anyway, it’s zero hours.

Yes, I see what you mean but I had already been working for 2 years when this happened so I presume if they do decide to reduce my hours I can then say that it had become "custom and practice" over that 2 years?

No, there isn't a lay-off clause in my contract. Are you a solicitor - do you think I ought to ring ACAS to get more advice?

”I presume if they do decide to reduce my hours I can then say that it had become "custom and practice" over that 2 years?”

You can, but my point is that by the same token, they don’t have the right to cut you down to zero now either.

I’m not a solicitor, no, I’m an HR consultant. Acas might be a sensible option. You could consider a grievance now, or alternatively could wait until they say what they intend to do.

@flowery

”I presume if they do decide to reduce my hours I can then say that it had become "custom and practice" over that 2 years?”

You can, but my point is that by the same token, they don’t have the right to cut you down to zero now either.

I’m not a solicitor, no, I’m an HR consultant. Acas might be a sensible option. You could consider a grievance now, or alternatively could wait until they say what they intend to do.

I think I will wait until I hear what they have to say but I might ring ACAS anyway just so I know exactly where I stand.

Thank you very much for your help. I am aware that 20 years ago if you had worked the same hours for 1 year you should be given a permanent contract but that was in the days of no holiday pay or sickness and as that has now been factored in I wasn't sure if the law had changed.

@flowery Oh dear, I just rang ACAS and it seems there is no legal requirement to stop my employer reducing my hours after all. So it seems I'm going to have to suck it up. Thanks for your help though. :-)

I rang ACAS again because I didn't think the person I spoke to was any good and this person wasn't much use either but told me to check my house insurance to see if I could get free legal advice or ring citizen advice which I have but they take a week to get back.

I found this on the internet though but don't know how old it is:

www.westhr.co.uk/ask-us-zero-hours-worker-claiming-set-hours/

Does anyone else have anymore advice please?

Bumping!