Hours reduced on zero hour contract

[rocky1987]

Hi

I am looking for advice for a team of waiters. We have all been working for a company for over 3 years now all on zero hour contracts but averaging about 30 hours a week.

We understand that hours are reduced at quieter times in the year so our hours will most likely drop.

Our concerns are that we have a new manager who although she is lovely she has over the past month hired staff from her previous restaurant and they are getting more hours than us. For example I have received 17 hours last week and 13 hours this week. While a new staff member had 36 hours last week and 30 this week.

Do we have any rights as we have worked there for over 3 years?

We have all planned to have a meeting and are going to ask our managing directors to attend so that we can discuss the situation.

Also the new manager has proposed that mistakes will.be charged which is fine we have no problem with them. But one server had £40 deducted from her wage of £190. Someone mentioned that they are not allowed to deduct more than 10% of a person's wage from them. Does anybody know if this is true and if so do you have anything that can back this up.

Thank you in advance
Rocky

[seduraed]

Re: Hours reduced on zero hour contract

I think it's time to start looking for another job. This has all the signs of the new manager wanting to ease you out. Some knowledgeable on employment law will be along shortly.

[Kati]

Re: Hours reduced on zero hour contract

tagging [MENTION=51026]Ula[/MENTION] [MENTION=26290]mariefab[/MENTION] xx

[ULA]

Re: Hours reduced on zero hour contract

As a zero hours contract worker you have the same employment rights as regular workers, although if you have breaks in your contracts, it affect rights that accrue over time. Have you had any periods of time when you have not been given any hours?

There are requirements that need to be complied with in regard to deduction from wages which are one of three conditions has to be met for an employer to lawfully make deductions from wages or take payments from a worker. The deduction or payment must be:

• required or authorised by legislation (for example, income tax or national insurance deductions)
• authorised by your contract - provided the worker has been given a written copy of the relevant terms or a written explanation of them before it is made
• consented to by the worker in writing before it is made.

Not sure if waiters/waitresses are classed as retail staff in which case there are extra protections for individuals in retail work that make it illegal for an employer to deduct more than 10 per cent from the gross amount of any payment of wages (except the final payment on termination of employment) if the deduction is made because of cash shortages or stock deficiencies. However any deduction must not reduce your pay below the National Minimum Wage rate even if you have agreed to the deduction being made.

[rocky1987]

Re: Hours reduced on zero hour contract

Hi everyone that's replied so far and thank you.

In the past 4 years that I have worked there I have had roughly around 30 hours a week which is paid to us weekly. It does go quieter in the run up to Christmas as people start to save and don't eat out as much but me personally I have always had around 30hrs as I am a supervisor.

It's just lately we have all had our hours reduced and the new staff have more hours than some of the older staff.

Someone mentioned to us (a regular customer who comes in daily who noticed we are there less and the new staff are there more) they said that there is a loop hole that zero hour contract staff who can prove a reduction in hours in the first 6 month of a new manager can have something done. Is this true?


CHARGES

So the charges are for when a server makes a tilling error for example..a customer's order is incorrect and the item is wasted the server will be charged £8 for a main course and £4 for a starter.

We were told about the charges via a staff meeting. We have had no written consent regarding the charges and we don't seem to have contracts as when we all take employment with the company it's a case of signing up to the staff intranet site with our bank details and NI number then you are employed.

I personally haven't been affected by the charge but I know some waiiiters have. And they have not been informed of them before they were deducted from their weekly wage.

Someone mentioned that I should look for another job. I really don't want to go down that line as I love my job and have built up a great closeness with some of the regular customers having worked there since 2013. Also I do make good money when I have the hours.

Thank you

[Kati]

Re: Hours reduced on zero hour contract

this may help (although [MENTION=51026]Ula[/MENTION] will know more) ~ http://www.safeworkers.co.uk/zero-ho...explained.html

The Employment Appeals Tribunal in Pulse Healthcare Ltd v Carewatch Care Services Ltd & Ors (2012) determined that employment contracts must reflect the true nature of the employment. Zero hour contracts are meant to be a casual arrangement to enable employers to cater for changing levels of demand. However if a worker on a zero hour contract regularly works the same hours, then their employment contract reflects this, regardless of what their written contract states.
Having worked the same regular shifts for 6 months, it is likely that your true employment contract is not a zero hour contract. A regular hour employment contract gives you greater statutory employment rights than a zero hour contract.

[rocky1987]

Re: Hours reduced on zero hour contract

Thank you if this is right can you advise on how we can bring this up without having any problems arise. We all just feel like we are being pushed out.

Cheers

[Viking1985]

Re: Hours reduced on zero hour contract

Thank you if this is right can you advise on how we can bring this up without having any problems arise. We all just feel like we are being pushed out.

However any deduction must not reduce your pay below the National Minimum Wage rate even if you have agreed to the deduction being made. ( Ula)

Hi,

OP, you'll have to realise that asserting your rights can lead to "having... problems arise".

The FINAL wages packet CAN be "deducted below minimum wage" Ula.

Re the case with 6 months "rule". Don't do anything yet please, will look at it and gat back to the site.

Viking

[Viking1985]

Re: Hours reduced on zero hour contract

Hi,

Having worked the same regular shifts for 6 months, it is likely that your true employment contract is not a zero hour contract.

This reading of the case, extracting the principle of a "6 month rule" is potentially misleading to this waiter. I strongly suggest you take qualified legal advice before you might compromise the poor but essential employment you have.

I have closely read the transcript. Yes, they may be employees not workers. But then extrapolating that to a precedent giving fixed hours to replace a zero hours contract seems "a clause too far" IMHO.

Viking