Zero hours contract and suspension

[kibbetha]

Hello all,
Yesterday my partner was lucky enough to receive a job after a work trial yet upon entering his other place of work this afternoon he was immediately met with a suspension. The ground for which were vague at best with no previous indication that such an action was being considered, the suspension was granted will full pay pending investigation however my partner is on a zero hours contract. He was scheduled to work today for a 6 hour period and was met with a suspension as soon as entering the property does this mean he will receive pay for this period? Also if he is not scheduled afterwards for any more work would that result in him receiving no payment? Any advice would be well received as the situation is extremely confusing.
Thank you.

[labman]

Re: Zero hours contract and suspension

This should answer many of your questions:. It was published by the House of Commons just two days ago:

http://www.google.co.uk/url?sa=t&rct...51773540,d.d2k

Sadly, it would appear that if he is on a zero hours contract and not expected to be at his place of work, he is not entitled to any pay.

Does his contract state whether he is an employee or a worker, as they have different rights?

[kibbetha]

Re: Zero hours contract and suspension

Thank you for the link, it at least let's me know that its in his rights that he should be paid for yesterday even though he did not do any work. It states if he has appeared for work when he was scheduled and required to do so, even if no work is available he should be paid. As for his status as an employee or worker I am unsure, however I an inclined to lean towards employee.

[charitynjw]

Re: Zero hours contract and suspension

Irrespective of whatever may be written in an employment contract, a person's employment status is largely governed by the degree of control the 'employer' has over the 'worker'.
The greater the control, the more likely the worker will be an employee.

[kibbetha]

Re: Zero hours contract and suspension

Thank you for the help, it has really cleared the pay aspect of this issue for me. My partner was actually intending to resign on the day he got suspended as he starts in his new position properly week after next. However the grounds for the suspension are misconduct that the employers has absolutely no evidence for other then her opinion and so he intends to go trough the hearing process to clear his name before he resigns, would this have any negative effect on his new employment? They do not collect references but i do not know if it is more advisable to resign and avoid investigation or stay and clear the slate.

[labman]

Re: Zero hours contract and suspension

I cannot stress too much I'm no emplyment expert. However, whenever I've moved jobs, I've resigned from one and started the other. If no references are involved then what name is there to clear? Would it affect him in any way negatively if he does not attend the hearing, so no investigatioin (or indeed hearing) takes place.

I assume the past employer just gets added to his CV and that is that.