Zero hours contract advice

Discussion in 'Employment & HR' started by Langley, May 23, 2019.

Thread Status:
Not open for further replies.
  1. Langley

    Langley UKBF Newcomer

    3 0
    Looking for some advice please...

    My first and only member of staff working for me and my cleaning company recently told me she didn’t want to work for me anymore, which is fine. She told me she would work for the next 4 weeks and who she would work for (she doesnt like doing a couple of the client’s homes), this was also fine as I can arrange cover.

    The 4 week thing doesn't work for me as I have found cover and the lady wants to start next week.

    My staff member is on a zero hours contract, it clearly states in her contract that work can be withdrawn at any time with no warning or reason given. She doesn’t need to give me notice or vice versa.

    I no longer need her to work next week or at all and have told her so (she was working a few hours Tuesday and Wednesday next week). She is now threatening to take me to a tribunal for unfairly dismissing her, I have sent her the details of her signed worker agreement but she is pretty persistent (and angry). There are other factors in this which makes it not a viable option to send her back to my client after lots of shouting, ranting and crying on the phone this morning I don’t know what would happen if she goes to someones home!
     
    Posted: May 23, 2019 By: Langley Member since: May 9, 2018
    #1
  2. billybob99

    billybob99 UKBF Legend

    1,844 648
    Doesn't sound like someone that should be going to anyone's home.

    Wait for the tribunal date because its not coming.

    Order a pizza and relax.
     
    Posted: May 23, 2019 By: billybob99 Member since: Apr 23, 2013
    #2
    • Thanks Thanks x 1
  3. Newchodge

    Newchodge UKBF Legend

    16,065 4,535
    How long have you employed her?

    You need to understand that a written contract may not accurately reflect the legal position. That is particularly the case with zero hours contracts.
     
    Posted: May 23, 2019 By: Newchodge Member since: Nov 8, 2012
    #3
  4. Langley

    Langley UKBF Newcomer

    3 0
    She has been ‘employed’ since the beginning of February until I told her yesterday she wasn’t needed anymore. She was allocated shifts which she accepted or declined as she saw fit and worked different hours each week. For example, she was booked to a client next Thursday which she said she didn’t want to do so I allocated it elsewhere. No problem.

    Some paragraphs from her worker agreement are

    The contract governs your engagement from time to time by Langley Cleaning Service as a casual worker. This is not an employment contract and does not confer any employment rights on you (other than those to which workers are entitled).


    ·In particular, it does not create any obligation for Langley Cleaning Service to provide work to you and by entering into this contract you have confirmed your understanding that Langley Cleaning Service makes no promise or guarantee of a minimum level of work to you and that you will work on a flexible, "as required" basis.


    ·It is entirely at Langley Cleaning Service’s discretion whether to offer you work and it is under no obligation to provide work to you at any time. Langley Cleaning Services reserves the right to give or not give work to any person at any time and is under no obligation to give any reasons for such decisions.



    I am in the process of issuing her final pay, P45 and accrued annual leave. I think the annual leave will also be an issue as she had booked the 23/05 off (which was the day I told her she wasnt needed anymore) but she is saying her last day was the 22/05 so to get paid more annual leave
     
    Posted: May 24, 2019 By: Langley Member since: May 9, 2018
    #4
  5. Newchodge

    Newchodge UKBF Legend

    16,065 4,535
    So, as you have it all worked out, whjat is your question?
     
    Posted: May 25, 2019 By: Newchodge Member since: Nov 8, 2012
    #5
Thread Status:
Not open for further replies.