Hours reduced from 30 to 0 instantly - Advice about employment tribunal

[NuclearS]

Dear all,

 

I recently worked for a small company (about 100 employees) in Manchester and have been on a zero hour contract for about a year (just under i believe). I have worked a steady 30-45 hour week from when i started and then they suddenly reduced my hours to zero.

 

I have contacted ACAS and browsed the internet for advice and i am no closer to realising whether i have a case against them to take to an employment tribunal. There seems to be two thoughts on the matter, the first being that under customs and practice i have been given a certain amount of hours and i am now therefore entitled to similar ones in the future. The other is quite simply that they do not have to give me any hours because i have signed to say this is acceptable.

 

I'm sure the law is quite hazy but surely this can't be right. Other details which may or may not be of relevance is that this company does this regularly as a way to sack staff on the spot and it is well known in the company that they are ruthless in doing this. They did not give me (or anyone for that matter) a copy of the contract.

 

The only employment tribunal case i can find that comes close to being similar is Davies v Hertz (UK) Ltd ET/3303522/09 which rules against the claimant. This does not bode well for me i assume.

 

The reason i am so annoyed is that the zero hour contract in this case is used because the owners/management now have the power to fire people without any reason. I have never received a disciplinary and people at this company do not get fired, they are just suddenly left off the rota. It's quite sickening. I'm sure it has a very valuable use for some companies and employees, but in this case it is used in an unfair and malicious manner.

 

Do reiterate my main point, does anyone have any advice for me at this stage? Currently i am awaiting a letter from them explaining their actions (though they have said they are under no obligation to do so). After two weeks i will consider taking this further.

 

Any help or advice would be appreciated.

 

NS

[honeybee13]

Hello ther and welcome to CAG. I hope we can help you.

 

How long have you worked there please?

 

My best, HB

[CONCILLIATOR]

You have been on a zero hour contract for about a year. What sort of contract is that?

 

You have work regularly 35 hours per week. What date did you start work for this employer? What was the date of your last shift?

 

You are now on zero hours. Have you been dismissed? Were you given any notice?

[Paul Brendon]

Well if you have done 35 odd hours week in week out, then no existing (or non existing) contract can override your current working conditions.

 

They should have given you a copy of the contract of employment, it is illegal otherwise.

 

I think you have a case.

[NuclearS]

Hey all,

 

I started work around the 10th November 2010. Which means i worked for them for about 11 months. As far as i am aware after 12 months i would have gotten statutory rights but i would hope the law isn't so rigid on a date like that. 11 months is still a long time of consistent working.

 

To clarify, my last shift was Sunday 2nd October 2011 and i looked at the rota Sunday evening and i was not on it at all for the following week. They haven't fired me, they didn't even speak to me, i am just expected not to show up. It should also be noted that this wasn't done because they didn't need my services (as i am the most experienced person there. Yes 11 months is the longest serving member of staff in my area. This is because they constantly get rid of people and most smart people leave before this happens), but purely because i had the next two weekends booked off work and i asked how much notice i needed to give them to leave (as i was moving house in October). This combination instantly made them realise i was of no use to them (as weekends are the busiest time). Hopefully that gives you an idea how this company operates.

 

Like i said before, i'd be really interested to know if anyone can give advice to whether i would win in an employment tribunal. The whole situation is frustrating because they are clearly flouting the zero hour contract to avoid disciplinary procedures and get rid of staff when they please. I have never worked anywhere where the staff turnover is so high. it's ridiculous.

 

Thanks again,

 

NS

[postggj]

to change your contract of employment the employer as a rule would need to go through a 28 day consultation period before any changes

 

was this done

[NuclearS]

Hello,

 

Again to clarify. I signed a zero hour contract. What this means is that i am not guaranteed any hours each week. hence when they took me off the rota they are not doing anything wrong (maybe). What i need is someone with experience in the customs and practice rule of working hours. Do i have a claim to say that because i was used to working 35 hours a week for 11 months they cannot just reduce it to zero instantly? This is what ACAS seem to be telling me.

 

Thanks,

 

NS

[honeybee13]

Hello again. I hope someone will be along later with information on custom and practice, zero hours etc.

 

Are you saying ACAS think you have a case? And do they know that you were there less than 12 months? What I do know from the forum is that 12 months can make a difference. Have a read of gazhodge's thread if you would like more info.

 

My best, HB

[NuclearS]

Honeybee13,

 

Yes i spoke to ACAS and they are aware that i have worked there less than 12 months. They seem to think that the customs and practice rule will make that irrelevant. I'm not really sure though to be honest, as much as i appreciate their advice i don't get a sense that they know case law in much detail which i assume is critical.

 

I've searched for Gazhodge's threads but only found two that don't seem relevant. Any chance you could direct me to the particular one? that would be great.

 

Thanks,

 

NS

[honeybee13]

Here you are, it's a few threads below yours on the forum. It's quite a long read but it may give you some insight.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?307626-Sacked-on-the-spot-without-warning%282-Viewing%29-nbsp

 

My best, HB