Moved onto a zero hour contract

[Geoff456]

Hi, first time posting and wish I got advice a lot sooner.

So I’ve been working for a offshore company for 10 years. Once Covid hit I was classed as Clinically Extremely Vulnerable and was placed on Furlough. I did come off it at one point but was placed on it again just before Christmas 2020.

I had a meeting with work to come back in April and start off in the workshop, however I failed a medical so was unable to return to offshore duties.

Now like most people the pandemic hit me and my family hard, not only financially, but my families mental health as well. We have 2 autistic children and a new baby born during lockdown. We receive zero help with the children with regards to helping there behaviour and helping us to understand and cope more with them, this has put a real strain on my partners mental health and caused her depression.

With that in mind I told my company that I no longer want to work offshore with my current home situation and asked if there was a full time role in the workshop (I was going in full time at this point).

My company called another meeting and stated that I have effectively resigned by sending that email, they did offer a zero hour contract which put me in a very difficult situation and I felt like I had no choice but to accept. I was told I had to formally resign and work my notice and take a 5 day break before starting there again on a zero hour contract.

I have now worked my notice and I’m on my 5 day break. But what worries me now is that the company is going to give me no hours and it does actually sound like they are going to do exactly that.

Have they done everything right and was I just very stupid to accept there word?

(I should note, that my original contract with them was to work in the workshop on a salary and work offshore on a day rate, I’m not sure if this would be relevant)

[MIKE770]

ULA may be able to advise

[echat11]

Hi Geoff

It's all very unsatisfactory, considering your personal health, family commitments etc. Did the company refer you to OH at any point? It sounds like the company were less then understanding and not very supportive. You could raise a Grievance, they will arrange a meeting, and try and find a resolution. All things considered you feel the treatment you have received from the company has been poor, considering the length that you have worked for them.

https://www.acas.org.uk/grievance-pr...e-step-by-step

[ULA]

First thing I need to check, since you work for an offshore company, where is your employer based for the purposes of your employment contract? I am assuming your contract is covered by English law.

Unfortunately, a zero hours contract does not oblige the company to provide you with any hours to work, likewise if they ask you to work, you do not have to agree to work.

However, what I would like to understand is whether you stated in your email that if you could not move to the workshop you would need to resign or were you purely making a request for consideration to stop off shore working and be moved to the workshop?

In my view what the company should have done is take your request, discuss it in more detail with you, and then give it some consideration. It may have been they would have come back to you anyway to say the request could not be accommodated or they may have set out a possible alternative for you to consider.

Effectively, I think this could come under a request for flexible working, albeit that you maybe did not phrase it as such and therefore they did not recognise it as being one.

[Geoff456]

Thank you for the replies.
I’ve let it play out as it were to see how my company would react once I was placed onto this contract. Unfortunately for me they have acted exactly as I thought they would and I’ve not been given any hours since my manager has returned to work (who I was covering for). It really feels as if they pushed me into this contract and it’s an easy way for them to get rid of me.


Im feeling quite down about it all to be honest. I’ve worked for a company for 10 ½ years and it’s come to this. Where do I actually stand with this now? Do I need to speak to the HR lady to see if she can find a solution? Or have I just been rather stupid agreeing to this arrangement?

@UL

thanks for your response, the answers to your questions above are..

-Yes it is a English based company.

- The email I sent them did not allude to me resigning, I stated that my home situation hasn’t improved and I asked if there was a possibility of a workshop role. (I could PM you the email of you wish)

- there was a series of emails after that asked where I felt my future at the company lays as I no longer wanted to work offshore due to my current home life.

[ULA]

This is a bit of a difficult situation as by effectively signing the new zero hours contract you are agreeing to the terms of it, which as I stated does not oblige the company to provide you with any hours to work.

All I can suggest is that you do contact the HR department and see what, if anything, can be done. It may well be worth trying to point out that you had no intention of resigning your position, you just wanted to find a way to may better accommodate your home life if at all possible.