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Is this legal treatment

28 replies

Mrsnorthwest · 21/05/2025 12:53

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?

OP posts:
LemonGelato · 22/05/2025 14:11

amigafan2003 · 21/05/2025 19:20

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/

Don't get your hopes up. Highly unlikely that particular aspect of the employment law changes will be introduced until late 2026 or into 2027. Some of the proposed changes including to Casual contracts will done under secondary legislation and following consultation. Which may well change the detail of the proposals - there is widespread concern about these changes and some significant associated impacts including additional costs to emplyers so it won't be easy for the government to get it all through to Royal Assent. So OP 'hanging on a bit longer' is going to be waiting a long time.
https://www.cipd.org/uk/views-and-insights/thought-leadership/insight/employment-rights-bill-progress/

OP, I can't believe your colleague has put up with this for so long and why both of you don't look for something more secure and with basic benefits. It is more difficult to get permanent roles in hospitality but not impossible.

CIPD | Briefing | How is the Employment Rights Bill progressing in the House of Lords?

https://www.cipd.org/uk/views-and-insights/thought-leadership/insight/employment-rights-bill-progress

CremeEggThief · 22/05/2025 14:14

Sorry OP, but I couldn't stay working for such an unfair employer. You and your colleague of 10 years deserve better than this, and I hope you both have the courage to leave and find something better.

MoominUnderWater · 22/05/2025 14:15

GiveDogBone · 21/05/2025 18:58

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.

Sadly once it goes through OP will probably get the sack by the sounds of it.

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