Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default form a 16 hour contract to a zero hour contract

    hi i need some advice

    before the 1st of jan this year i was on a 16 hour contract but working about 40 hours a week but then got told by the area manager that because of currert situation i would have to reduce my hours to zero or get laid off and i agree to go to zero hours but the thing is i havent signed a new contract to say that im zero hours and iv just recently had a week off on holidayicon but the manager doesnt know how to put this through on the wages as never had anybody on a zero hour contract before. Can someone give me some advice please

    thanks gav


  2. #2
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    Default Re: form a 16 hour contract to a zero hour contract

    A zero hours contract places no obligation on the employer to provide a minimum amount of work per week. What it does not allow the employer to do is to override certain entitlements, not least the right to paid holidayicon. The employer might be struggling to work out what you are entitled to, so you may tell him with confidence that where an employee's pay changes dependent on the amount of work carried out (for example where you are working irregular hours) then holiday pay must be calculated based on the average for the previous 12 weeks worked. Also, as holiday is accrued with time served, your holiday pay should have been built up based largely on a 40 hour week for that is what you have been working.

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  3. #3
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    Default Re: form a 16 hour contract to a zero hour contract

    Quote Originally Posted by sonicback View Post
    hi i need some advice

    before the 1st of jan this year i was on a 16 hour contract but working about 40 hours a week but then got told by the area manager that because of currert situation i would have to reduce my hours to zero or get laid off and i agree to go to zero hours but the thing is i havent signed a new contract to say that im zero hours and iv just recently had a week off on holidayicon but the manager doesnt know how to put this through on the wages as never had anybody on a zero hour contract before. Can someone give me some advice please

    thanks gav
    There is no such thing as a zero hour contract. On what contractual basis can they demand this? It sounds like they are trying to make you redundanticon.


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    Default Re: form a 16 hour contract to a zero hour contract

    Quote Originally Posted by Monty2007 View Post
    There is no such thing as a zero hour contract. On what contractual basis can they demand this? It sounds like they are trying to make you redundant.
    Simply not true - where on earth did you get that idea? Zero hours contracts are widespread and exist extensively in environments where the actual amount of work cannot be guaranteed. They remove much of the mutuality of obligation meaning that as much as the employer is not obliged to offer work, the employee may equally reject it if inconvenient.

    I agree that the employer might be laying off the OP by degrees, and when offered the new contract perhaps should not have signed it, for it may impact on other entitlements (not least redundancyicon pay if it comes to it and he/she is eligible through length of service). Nevertheless the contract has already been changed by agreement, and the question was about holidayicon entitlement.

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  5. #5
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    Default Re: form a 16 hour contract to a zero hour contract

    Quote Originally Posted by Sidewinder View Post
    Simply not true - where on earth did you get that idea? Zero hours contracts are widespread and exist extensively in environments where the actual amount of work cannot be guaranteed. They remove much of the mutuality of obligation meaning that as much as the employer is not obliged to offer work, the employee may equally reject it if inconvenient.

    I agree that the employer might be laying off the OP by degrees, and when offered the new contract perhaps should not have signed it, for it may impact on other entitlements (not least redundancyicon pay if it comes to it and he/she is eligible through length of service). Nevertheless the contract has already been changed by agreement, and the question was about holidayicon entitlement.
    Well I am amazed. I have worked in many different industries and my wife has worked in recruitment and we had not come across a zero-hour contract. If the hours or contract terms vary then this is usually captured within the contract as a clause. There would be great difficulty imposing any of the other provisions of the contract if the employer states that the contract hours are zero since there is potentially no consideration.



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE