Long term zero hours contract, no hours/redundancy being offered.

[Onum]

Hi, I have been in a zero hours contract role at my current employer for over 6 years. As far as I can tell from reading my contract of employment and reading around the subject generally, I would qualify as an "Employee" rather than a "Worker" and would thus accrue redundancy rights for example.

I am currently furloughed and have been for 4 weeks continuously. I have been advised that is unlikely that I will be offered any hours in the immediate future. I am doubtful the situation is likely to improve in the short to medium term and I really have to find alternative employment.

My employer is not considering any form of redundancy process for the zero hours contract employees and is just waiting it out to see what happens. I cannot afford to wait around like this and will have to find alternative employment which then releases my current employer from any redundancy obligations.

My question therefore is are there any guidelines as to how long an employer can keep someone on the books without offering any hours nor offering redundancy (if applicable)? Having to find alternative work due no income feels like a defacto redundancy as it is.

[ULA]

I presume that you are working in the UK, it is just that furloughed is not a term often used.*

If you are employed in the UK then your employer may be relying on the fact that the way in which zero hours contracts work means that in most cases, the individual will be considered a "worker". This is because there is no mutuality of obligations, which is key to an employment contract. The employer is under no obligation to offer the individual work and the individual is not obliged to accept the assignment.

However have you been working regular hours over the 6 years period of time, i.e. your employer has comes to expect that you will be there to do a job each day or at regular specified times which cannot be viewed as seasonal/temporary and relies on you to be there to get the work done? In which case you may be able to argue that you have become an employee even if this is not confirmed in a contract.

[Onum]

Yes I'm UK based. I use furlough as it's a good word that exactly describes the process.*

My issue isn't with the "Employee" status as such - or maybe it is and I don't realise it? You can still be an "Employee" and on a zero hours contract I presume? That's certainly how my employer deploys them.

My issue is that I am not being offered any hours, nor have the likelihood of any in the immediate future and thus I have no income. I'm pretty sure I qualify as an employee and have thus accrued redundancy rights. My employer is not offering redundancy however and is just kicking the can down the road.

It seems to me it's a handy trick to avoid any redundancy payouts as people get forced into finding alternative employment.

So back to my original question, are there guidelines regarding how long an employer can withhold offering hours without also offering redundancy if the individual has statutory redundancy rights?

[Onum]

Ok, posting this in case it helps anyone else in the future.

I have spoken to ACAS who advise that I can apply for summary(?) redundancy after 4 weeks have elapsed, they have the details on their website.

It does depend on having "Employee" status and if your employer disputes that it would need to go to arbitration.

[ULA]

Thank you for the useful update. I suspected that it would be the case in regard to proving that you have moved from worker to employee status.

If you need any support in that then please hop back onto this thread.*