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)

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  1. #1
    Basic Account Holder bintin Novitiate

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    Default #Employment : Resigning a zero hour contract, notice & implications

    Hi all, looking for some advice and hopefully some of you lovely people can help me

    Ive been working for a retailer for nearly 5 months on a zero hour contract and it has been my sole job, during the interview it was broadly aggreed that I would be on 20+ a week and I have been so, fluctuating between the mid 20s and 40.

    I have now been offered a new job that offers me everything that my current does not and the sooner I can take it up the better for my new boss and his company, as a contract has been won and needs fulfilled. Obviously I'm eager to take the new role but don't want to leave myself open.

    I mentioned the offer to my manager, and he informed me theres a four week notice period, my question is can I just tell him I'm now unavailible to work due to the zero hour contract not guarnateeing my availibilty to work, or will the regularity of work/agreement leave me liable possible for loss of earnings?

    I have only taken 5 days holidayicon so far and was also wondering if I were to leave whether I would have these paid to me. It would be preferable for me to finish on holidays meaning I could move to the new job sooner, however I can't see this being agreed to by the managers as two of our permanent staff are also leaving to new jobs

    I don't want to leave on bad terms as I get on with all the staff and managers however the quicker I can make the move the better.

    Any help would be very much appreciated, cheers
    bintin


  2. #2
    Basic Account Holder RachelMD Informative RachelMD Informative RachelMD Informative RachelMD's Avatar

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    Default Re: #Employment : Resigning a zero hour contract, notice & implications

    Have you been given a written statement of the terms & conditions of employment?
    And, if so, what does that say is the period of notice you are required to give if you leave?
    You would, having worked continuously for over a month, have to give at least one weeks notice.
    If you have accrued holidayicon entitlement, you are entitled to be paid for this. Whether or not you would be entitled to take this holiday as part of your notice would again depend on your T&C's and/or it being agreed by your employer.


  3. #3
    Basic Account Holder Atlas01 Authoritative Atlas01 Authoritative Atlas01 Authoritative Atlas01 Authoritative Atlas01 Authoritative Atlas01 Authoritative Atlas01 Authoritative Atlas01 Authoritative Atlas01 Authoritative Atlas01's Avatar

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    Default Re: #Employment : Resigning a zero hour contract, notice & implications

    If your contract states you are not obliged to work more than 0 hours per week and they are not obliged to offer any more than 0 hours per week then you could actually do 4 weeks notice at 0 hours, simply put they ask you to work, you say sorry, i've done my contractual hours.

    As rmd said, check your contract, if you have not received one it's a week

    This may not be good advice though (and more me wanting to line employers working 0 hrs contracts up against a wall)

    By doing this and starting another job at the same time (becuase you were not obliged to do any work over 0 hrs) it could cock up your tax code and put you on emergency tax i suppose, to be honest tax isn't a strongpoint for me

    As rmd stated your entitled to accrued leave either by way of it being granted or pay in lieu of notice, it should be calculated at the average of the previous 12 weeks pay, this is another possible minefield depending on when the calculation occurs as if it's done now with your 20-40 hrs it will be significantly different than one where the last 4 weeks of the 12 are 0 hrs


  4. #4
    Basic Account Holder bintin Novitiate

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    Default Re: #Employment : Resigning a zero hour contract, notice & implications

    Cheers for the replys, it's cleared it up a bit for me.

    Looking through the contract there is a four week notice period.
    It also states that employment is on an as and when engagement and there may be periods where no hours can be offered
    "this contract is classed as being part time casual. Your manager will agree hours to be worked on an ongoing basis. The company does not vomit to provide you with regular work and review the situatio depending workload.
    It is therefore a condition of this offer that you understand that where the company finds it cannot provide work for you over a period of three months it reserves the right to conclude the contract"


  5. #5
    Basic Account Holder bintin Novitiate

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    Default Re: #Employment : Resigning a zero hour contract, notice & implications

    I guess they'll be getting told I can't work. I was rather frightened of moving on as when I suggested just leaving my assistant manager said if I broke the contract I would e liable for loss of profits but I'm guessing thats pretty much impossible on a zero hour contract, never mind not being worth the effort!


  6. #6
    Basic Account Holder RachelMD Informative RachelMD Informative RachelMD Informative RachelMD's Avatar

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    Default Re: #Employment : Resigning a zero hour contract, notice & implications

    Well, I'd say it depends on whether it's set out in the contract or implied by precedent that you have the option of turning down any work during the 4 weeks of your notice period.
    If you can say, "No thanks, I'm not available", then the contractual notice period is effectively immaterial.
    But if you have to work as and when they want you, then if you turn down work during your notice period you could be held to be in breach of contract.



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