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By (user no longer on site) OP
over a year ago
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I started my new job at the begining of last month on a 0 hour contract as a Support Worker in the community.
I havent been getting many hours but enough. I was at the office today and my line manager asked me if i could cover a shift on Sunday AM. I didnt have my diary on me but thought i was free. So i agreed to do the call. I have since got home and checked my diary and i have plans this weekend.
I sent a polite text to him saying i have plans and cannot do the calls.
I then got this reply back
"Hi if I don't start getting the shifts covered then I will be telling staff when they are working this weekend unless leave forms have been submitted which guarantees time off, if staff refuse it will be straight to disciplinary procedures"
I have no idea where i stand in regard too this.
I thought as its a 0 hour contract i dont have to accept work the same as they dont have to give me work.
Help!! |
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By (user no longer on site)
over a year ago
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Perhaps talk to head office and ask them about it. My sister was on a 0 hour contract with a care agency and she only took weekend shifts as she worked through the week but when ever she said she couldn't work a certain shift they just found someone else to do it. I'd assume they need to do 'warnings' before going straight to disaplinary procedures? |
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By (user no longer on site)
over a year ago
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It's a bullying tactic. Ignore it.
On a zero hour contract you can't be forced to accept hours, or be disciplined for not accepting hours.
However, of course there's the political element, as they are not obliged to offer you hours, and if you piss them off, expect them to not do so.
Working on a zero hour contract often means you have to keep your employer sweet to get the work.
Than good they're being fazed out! |
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By (user no longer on site)
over a year ago
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"I started my new job at the begining of last month on a 0 hour contract as a Support Worker in the community.
I havent been getting many hours but enough. I was at the office today and my line manager asked me if i could cover a shift on Sunday AM. I didnt have my diary on me but thought i was free. So i agreed to do the call. I have since got home and checked my diary and i have plans this weekend.
I sent a polite text to him saying i have plans and cannot do the calls.
I then got this reply back
"Hi if I don't start getting the shifts covered then I will be telling staff when they are working this weekend unless leave forms have been submitted which guarantees time off, if staff refuse it will be straight to disciplinary procedures"
I have no idea where i stand in regard too this.
I thought as its a 0 hour contract i dont have to accept work the same as they dont have to give me work.
Help!!"
You don't have to do any hours but because you told him you could it's kinda left him in the shit and he's just told you straight.....I would just take it on the chin and appologise x |
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Hi I do the same as you Hun and the rules around zero hours are you don't have to accept the shifts they give you and they don't have to give you work you can't get a disciplinary for it trust me x |
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Exactly what's been said above by others. You are under no obligation to accept. Just check there isn't any small print on your contract stating otherwise.
Practically speaking if you leave your manager in the shits then don't expect them to do you any favours in the future as far as working hours are concerned or favourable timings. |
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By (user no longer on site)
over a year ago
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"
On a zero hour contract you can't be forced to accept hours, or be disciplined for not accepting hours.
It depends entirely on the contract."
Doesn't matter what's written into the contract, doesn't make it legal  |
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"
Doesn't matter what's written into the contract, doesn't make it legal "
Just so, and it seems to me I woke up one day in 1988 and not only had all workers (of both sexes) everywhere had their balls removed, they had also had their brains wiped not only of laws, but the very idea that you could go out and check the law.
Her indoors is going through it now, managers who couldn't find their own asses with both hands and HR departments who are no better, this is a global company too...
Afore I quit the last lot at least three times in the last year I was told I would be doing something or something would be happening, to which I would reply no it fucking won't" to which they would reply that I had no choice it was in my contract, to which I would reply with a pasted appropriate section of my contract and where needed also the appropriate law.
Funny, it always went dead quiet at that point and the things that simply could not be avoided and had to happen never did.
An **ENFORCEABLE** contract is a two way street, the more it limits party A's duties to party B, the more it limits party B's duty to party A in return.
Zero hours contracts are essentially casual labour, the manager in question knew this when he took the job, and knew that as such working out rosters was always going to be his biggest problem, his problem, nobody else's.
|
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By (user no longer on site)
over a year ago
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"
Doesn't matter what's written into the contract, doesn't make it legal
Just so, and it seems to me I woke up one day in 1988 and not only had all workers (of both sexes) everywhere had their balls removed, they had also had their brains wiped not only of laws, but the very idea that you could go out and check the law.
Her indoors is going through it now, managers who couldn't find their own asses with both hands and HR departments who are no better, this is a global company too...
Afore I quit the last lot at least three times in the last year I was told I would be doing something or something would be happening, to which I would reply no it fucking won't" to which they would reply that I had no choice it was in my contract, to which I would reply with a pasted appropriate section of my contract and where needed also the appropriate law.
Funny, it always went dead quiet at that point and the things that simply could not be avoided and had to happen never did.
An **ENFORCEABLE** contract is a two way street, the more it limits party A's duties to party B, the more it limits party B's duty to party A in return.
Zero hours contracts are essentially casual labour, the manager in question knew this when he took the job, and knew that as such working out rosters was always going to be his biggest problem, his problem, nobody else's.
"
Perfectly said  |
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By (user no longer on site)
over a year ago
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"
An **ENFORCEABLE** contract is a two way street, the more it limits party A's duties to party B, the more it limits party B's duty to party A in return.
"
And as we have no idea what employment contract the OP has, we cannot make a judgement on whether it is reasonable. |
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I'm zero hour too, my employer has unofficially guaranteed me 12hrs (which is enough to survive not live off) if any hours are offered I jump at them because the last thing I want is for them to decide "well he can't be bothered for extra hours so why should we offer them" |
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"I started my new job at the begining of last month on a 0 hour contract as a Support Worker in the community.
I havent been getting many hours but enough. I was at the office today and my line manager asked me if i could cover a shift on Sunday AM. I didnt have my diary on me but thought i was free. So i agreed to do the call. I have since got home and checked my diary and i have plans this weekend.
I sent a polite text to him saying i have plans and cannot do the calls.
I then got this reply back
"Hi if I don't start getting the shifts covered then I will be telling staff when they are working this weekend unless leave forms have been submitted which guarantees time off, if staff refuse it will be straight to disciplinary procedures"
I have no idea where i stand in regard too this.
I thought as its a 0 hour contract i dont have to accept work the same as they dont have to give me work.
Help!!"
No employment contract can supersede the law so you have every right to refuse to work, but doing so would be unfavorable. |
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I don't have one or know the law but zero hours contracts perturb me, if all power lies with the employer.
I definitely do not see it as fit to expect staff to work whenever a manager wants them to - we have lives, family etc. And if it's not an exclusive contract, I'd assume staff also need to work elsewhere.
Expecting exclusivity should pay a hefty premium, similar to an oncall bonus imo.
I'd review your contract and check but also explain that you'd been put on the spot and you'd let him know as quickly as you could. Potentially offer some available weekend hours that you could work.
It's possibly worth checking with CAB or ACAS too. |
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By *ynecplCouple
over a year ago
Newcastle upon Tyne |
A true zero hours contract works both ways, the employer doesn't have to offer guarantee hours and the worker does not have to accept any work offered. If you are on a zero hours contract then your manager cannot make you work any shifts you don't want no matter how much he threatens.
The only power the manager has over any worker on a zero hours contract is that if they can get shifts covered and a worker is picking and choosing when they work is that they just stop offering them hours. It is a balancing act for both parties. |
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By (user no longer on site) OP
over a year ago
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"im sure there plenty other agencies out there looking for staff, have a search then tell him to politely fuck off "
Im 20 weeks pregnant and after a temp 6 month contract i went onto work in a care home that i hated so only stayed a month so could do with staying with these till im too round too do the job. Just felt abit bullied and pressured into it after he said what he saod too me  |
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By (user no longer on site)
over a year ago
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"
An **ENFORCEABLE** contract is a two way street, the more it limits party A's duties to party B, the more it limits party B's duty to party A in return.
And as we have no idea what employment contract the OP has, we cannot make a judgement on whether it is reasonable."
Contracts are legally binding as far as to what is allowed by law. No matter what else is written into it. What the OP's employer said to her couldn't be legally enforced. In fact if they did, they could be open to a number of ramifications.
Though because the shift was originally agreed to, the employer may have grounds on being absent.
However there are plenty of other laws which he/she could enforce, as well as the political side as stated above. |
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By *imiUKMan
over a year ago
Hereford |
"
Doesn't matter what's written into the contract, doesn't make it legal
Just so, and it seems to me I woke up one day in 1988 and not only had all workers (of both sexes) everywhere had their balls removed, they had also had their brains wiped not only of laws, but the very idea that you could go out and check the law.
Her indoors is going through it now, managers who couldn't find their own asses with both hands and HR departments who are no better, this is a global company too...
Afore I quit the last lot at least three times in the last year I was told I would be doing something or something would be happening, to which I would reply no it fucking won't" to which they would reply that I had no choice it was in my contract, to which I would reply with a pasted appropriate section of my contract and where needed also the appropriate law.
Funny, it always went dead quiet at that point and the things that simply could not be avoided and had to happen never did.
An **ENFORCEABLE** contract is a two way street, the more it limits party A's duties to party B, the more it limits party B's duty to party A in return.
Zero hours contracts are essentially casual labour, the manager in question knew this when he took the job, and knew that as such working out rosters was always going to be his biggest problem, his problem, nobody else's.
"
Post of the year. |
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