Zero hour conract

[Colin Camper]

Hi, I am new on here.

I am employed on zero hour contract and am classed as an employee, the business was recently sold & my rights were transferred under TUPE. The new owner has made it clear they would like everybody to go self employed and I am concerned that if I refuse then all my work will be given to new workers coming in on a self employed basis. I have 6 years service so I am being asked to lose all my rights and potential redundancy pay if the company ceased trading. Would i be able to claim constructive dismissal if they do take my hours away?

[PallasAthena]

What is changing in your job that means it can now have the status of self employment when before it was being done as an employee? Being self employed isn't something you can just choose to be. The work has to meet the legal requirements and HMRC guidelines for self employment.

[Colin Camper]

Hi, Nothing has changed accept the owner. The profit margins are small and I am told that it is costing more them as owners to employ us rather than hire contractors to do the work.

[ULA]

You cannot be deemed an employee prior to TUPE and then your new employer decides to make you self-employed because of the cost of employing staff. As PallasAthena has said employment status is governed by strict HMRC guidelines and there is a significant difference between being employed as an employee and self-employed.

Also, under TUPE legislation if the new employer is going to make changes such as this, then this should have been set out in what are known as "measures" and consulted on prior to the transfer taking place.

On a zero-hours contract in the UK, claiming constructive dismissal can be challenging but not impossible. If you are deemed to be an employee not a worker then you have more rights but to claim constructive dismissal you would need to prove that your employer's actions amount to a fundamental breach of contract, forcing you to resign.