Zero-hours contract

[Hacked_Off]

Doesn't the statute of limitations also state that the clock only starts ticking once you become aware? In that basis if the op became aware in 2010 then in theory there's still three years left to claim the whole lot!

[alisindebt]

These zero-hours contracts seem to be popping up everywhere. See this link in the Independent today about McDonald's :

 

http://www.independent.co.uk/news/uk/home-news/they-wont-be-lovin-it-mcdonalds-admits-90-of-employees-are-on-zerohours-contracts-without-guaranteed-work-or-a-stable-income-8747986.html

[steampowered]

Doesn't the statute of limitations also state that the clock only starts ticking once you become aware? In that basis if the op became aware in 2010 then in theory there's still three years left to claim the whole lot!

 

Only in cases of fraud or deliberate concealment ... unfortunately in standard cases the clock runs regardless.

[Hacked_Off]

Only in cases of fraud or deliberate concealment ... unfortunately in standard cases the clock runs regardless.

 

That's a bit of a bugger!!

[Jemms]

I've found an Excel doc on my computer giving me my hours from 2005-07 and they're not bad, ranging from 85-95. They only really dropped in 2010, which is when our current Manager had established himself within the Arts & Leisure Department and that is when I raised my concerns. As for voicing my fears over the lack of hours, trust me, I've whinged constantly!

[Jemms]

Sandwich chain Pret a Manger, on the other hand, says it guarantees all employees a minimum of eight hours work a week.

 

Just read the article in the Independent. This last paragraph's interesting!

[alisindebt]

Yes, really generous of them!

 

There is an increasing amount of publicity about these contracts this week. I get the feeling that this may be the calm before the storm; the employment contract version of ppi.

[Grotesque]

Even with a 'Zero Contract' I would think that the employment contract comprises implied terms (unwritten terms), a key implied term is the 'duty of mutual trust and confidence' which requires employer and employee to act honestly and respectfully towards each other.

 

Yes a JD is your 'Particulars of Employment' unless covered elsewhere (Staff Handbook, Contract etc).

[Jemms]

Last week I challenged a statement made in the local press by the Deputy Head of the Council for whom I 'work', in which he stated that there was no-one on 'zero-hour' contract at the Council. I forwarded the article and my response to the CEO of the Council and eventually got a reply from the head of HR. Apparently, we're not on 'zero-hour' contracts but 'casual'. What's the difference? Well, neither have a guarantee to provide work but, whereas zero-hour is 'legally binding and states that the employee is obliged to work when asked by the employer', the casual employee is not at the beck and call of the employee and does not have to work at short notice. I feel that this is an extremely moot point and is 'splitting hairs' as we, as casuals, are reliant on a 3rd person doing the rota and, should an employee have upset this person, then hours of work are invariably reduced. I'm not at all happy with the explanation and am about to compose a reply to that effect. We, as casuals, have no rights being unable to apply for positions within the Council to further our career (albeit, far too late for me due to age) and have only just been allowed to join the Pension Scheme (again too late for me). Although we have had a 'pay rise' of a mere 6p, we are still well below what is considered to be the 'living wage'. Is there any one out there who can point me in the right direction as to what action is I can take to forward my disgust at the way we are treated?

[steampowered]

I would think the best way is to write a short letter to the same paper explaining that the statement made by the CEO is untrue and enclosing a copy of your contract. The paper may publish the letter or even do an article. Ask them to keep you anonymous if you are not happy to be named.

 

You need to do it quickly I think. The paper is not likely to publish anything if you are more than one issue past the original statement.

[mariefab]

Casual and zero hours contracts are the same.

 

https://www.gov.uk/contract-types-and-employer-responsibilities/zero-hour-contracts

[Jemms]

Can anyone out there please explain what (if any) the differences between 'zero-hour' and 'casual' contracts actually are? I see from today's papers that employees of Sports Direct are in dispute over their contracts and feel that HR at the Council for whom I work are dodging the issue.

[Sidewinder]

There are no real differences, although I had always believed that a casual contract was where there was a need for labour to cover a specific event or period of time - so perhaps a seasonal employee required to run an ice-cream stall might be casual in that there is an intense period of work over a short period, and then no work for several months. If the contract also allowed the employer not to open the stall and therefore not pay the employee when it was raining, then that might also be a zero hours contract.

 

They both mean that fixed hours or regular work cannot be guaranteed therefore the employer can only offer work as and when it becomes available. In turn, the employee can also be under no particular obligation to accept work that is offered.

 

It is an effective way of the employer making sure that he is not paying workers during periods of inactivity, but as the Sports Direct case highlights, this may be open to abuse and could deny the employees of income and benefits that are available to other staff with regular working hours.

[Jemms]

Well, e-mails went back and forth between HR and me and today, when I went into work, there was an e-mail from our General Manager saying that we are to have a review and he will be having one-to-one meetings with us all. Do you think I've stirred up a hornet's nest? Christmas was a nightmare with our hours being pared to the minimum and every performance a sell-out. It was so stressful but we didn't even get a thankyou for our hard work. I've written a 'prompt sheet' but not sure just how far I can go. The e-mail was also sent to the head of HR, the Unison representative and the GMB Union representative. So, I think, it's a case of 'watch this space'!

[Jemms]

Nothing came of the 'meeting' - that is to say, nothing to our benefit. However, I now find that our pay-slips no longer give the number of hours worked or the rate of pay per hour so we can't work out if we've been paid correctly. Is this legal or even honest or should I now take Pay-roll to task?

[Grotesque]

Assuming you're not a copper or a merchant seaman?-

 

"Payslips must show earnings before and after any deductions, explain any deductions and show how the wage is paid."

[Jemms]

Mmmm - thought so - interesting! I've sent an e-mail to HR so we'll see what the response is. Nothing, I guess, as we're nobodies:|

[Grotesque]

Like your use earlier of the phrase, 'every performance was a sell-out'- make sure that doesn't happen to you!!!