Is this legal treatment

[Mrsnorthwest]

Hi,
I have worked in a cafe for a year now on a zero hour contract. I previously worked there for over five years on a zero hour contract but left for another job and have come back.
My work colleague has worked there for over ten years continuously and is still on a zero hour contract.
We both work extremely hard and are good at our job. We often have a queue of customers running out the door from opening time to closing time none stop and every now and then I don't even get a single 15 minute unpaid break because there wasn't enough staff.

Recently thought a couple of new staff were hired. Myself and my work colleague are both glad to finally get some extra help and we got on very well with the two new young ladies.
The new girls have been told they only need to serve customers, which is a bit odd, as my job has always been to do everything, serve customers, take food out to them and collect plates etc, wash up, cleaning....everything.
I am not concerned about that though and overall we are relieved to finally get some extra staff.
However after just a couple of days working there, the two new girls have been given hours in their contract. One of them has a full time hours contract and the other part time hours.
This seems a bit strange to me and I am wondering if it's even legal?
The problems will be when the colder weather sets in and they don't need as many staff working, which is something that happens every winter.
This is what concerns me and my colleague. They have to give one of the new girls her full time hours and the other her part time hours, but they can just tell us we are not needed and we won't get paid.
every winter when it's really cold, at some point the water pipes freeze and we can't even serve drinks, or food. The new girls will have to be in because of their contracts, so we certainly won't be in work then.

Can anyone offer any advice please, or tell me if it is legal for an employer to do this?

Hi OP

your contract doesn’t protect you - you need to either get it revised or find another job that offers you protection.

Have you asked your boss for regular hours and a contract?

There is nothing wrong legally with an employer having some staff on regular hours or a minimum number of hours whilst others are on zero hours contracts, even if they are doing the same job.

Thanks for the replies.
Yes, we have asked if we can have a contract as well, but have just been told no.
It is worse for my colleague than it is for me, as she has been there for over ten years and you couldn't get a better worker.
While I understand it is legal for an employer to have some staff on a contract and others not, I wasn't sure if it was legal to have staff who have been there for years without a co tract and then give contracts to staff who have only been there a couple of days.
More of an unfair treatment thing I suppose.

Thanks

You do have a contract. It may not be written down but it clearly exists. However, your contract does not give you any guaranteed hours. You would have a claim if they were deciding who got guaranteed hours based on a protected characteristic, e.g. giving guaranteed hours to younger staff but not older staff. But there is nothing legally to prevent them having new staff on better terms than existing staff.

I’d look for a better employer with a permanent with actual contractual hours

I'm not sure if it's illegal but it's certainly very unfair to you both. Why had yoir done this, nepotism or sth? Xx

I’d assume that the employer needed to offer a contract with specified hours to find additional staff and that their thinking is that, if hours need to reduced later in the year or they don’t need as many staff in the winter, then they will let the new girls go at that point. I very much doubt your colleagues will see the long term benefit of their contracts…

If that happens it would be a good opportunity to bring up your contracts again

I thought Labour had banned zero hours contracts? Oh wait, just googled, the Bill is working its way through Parliament. OP hang on and in another few months it will be law and you’ll have the legal right to get a contract with hours.

The first step has to be to ask why they have given hours to these new staff members and not you. But I think you should be looking for another job anyway. People are desperate for staff in the hospitality sector, there is no need to accept a zero hours contract.

It's not illegal, no.

But stick it out for a bit longer OP - Labour are in the process of introducing a new employment rights bill which will give workers on zero hr contracts the right to be moved to a guaranteed minimum hrs contract based on thier average hrs worked over a 13 week period - should be in place beginning of 2026 hopefully.

www.thrivelaw.co.uk/2025/02/04/zero-hours-contracts-what-the-latest-changes-to-employment-law-mean-for-you/

I'd say that's a right kick in the teeth tbh and they should be now giving you a contract, zero hour contracts should never have been allowed.

Because it's really hard to recruit staff for hospitality so employers now have to offer better terms to new starts.

Sucks for those already employed though, but you can always move jobs to a better employer.

The other side of this is that the guaranteed hours contracts don't guarantee ongoing employment- the new staff can easily be let go when business quietens down, leaving the original, more experienced staff to carry on. The owner might have been forced to offer guaranteed hours to find employees, but is actually considering them to be temporary staff only.

Have you asked if they have permanent or temporary contacts? Maybe they have been given guaranteed hours but their contract is only until September for example?

Have you asked why the new staff got permanent hours and a contract? If it was me I would be looking to leave as I would see that as they don’t respect me enough to give me a proper contract and I would feel used especially since you say that they are not doing the same thing sounds like preferential treatment to me. Unless this is a temporary contract it would hurt like mad to think that they are being treated better than me. I hope you get sorted out as this is poor behaviour from the employer.

They may have thought they can get rid of the new workers with no cost within 2 years no redundancy ,just like you. Do they pay Ann national insurance for you?

Any not ann

Your employer is using you. Find another job and leave e is my advice ... people are crying out to get good staff and treat them well.

''@WotsitsMadeIn1927 · Yesterday 18:24

I’d look for a better employer with a permanent with actual contractual hours''

This!

You have experience and the hospitality/retails sectors always complain they can't fill vacancies so I would get a new job with a contract and guaranteed hours.

Thank you everyone for your help.

I pay national insurance myself, I'm not sure if my employer pays it.
The new staff are on permanent contracts.

I asked if I can have contracted hours, but the the long winded answer was no.
There has already been a slight problem with too many hours in. As soon as the weather turns bad and certainly through winter, they will be cutting hours like they do every year, but now with one staff member with contracted full time hours and one with contracted part time hours, I would imagine I will be lucky if I get any hours.

Surely it's all going to come a bit unstuck for your employer come the winter if the new girls only have to serve customers. If you and your colleague on 0 hours don't come in they'll suddenly find themselves having to do everything!

As others have said. Your contract is verbal and proven as you have been paid. But it does seem unfair, if your employers have refused you a contract you can discuss the legalities of this for free with ACAS..
I would also get yourself in a union for shop workers. They offer some protection and support if things do go wrong.

You and your colleague need to vote with your feet and get a job somewhere else.