Zero hour contracts and constructive progression blocking?

[Jametch]

Hi

I have worked for a global construction and facilities management company now for about two and a half years. On starting I signed a zero hour contract and was told all the usual fodder about growing people and progressing them from inside rather then taking in 'outsiders'.

I know for a fact that within another department on site that if a zero hour member of staff passes probation they are given a contract with an hourly value (20/32/39.5).

During this employment I have gone for six different jobs advertised both internally and externally and am always told I interviewed well (sometimes perfect) however I was not the right person for the job, even though I had previous experience in that field or the required skills to do the job well.

When I have spoken with management about my performance and career opportunities (or lack of as the case seems to be) I am always told that I excel in everything that I do and that nearly all of the positive guest feedback the department I work for receives is as a direct result from me, that I am a key member of the team and the team would suffer if I were to leave.

My two questions are:

Is there any law that states a time period on zero hour contracts and how long a member of staff can remain on this contract?

and

I have heard of and understand constructive dismissal but is there such a thing as constructive job blocking?

At this moment in time I feel I'm being kept in one place to ensure the standards and guest feedback is kept to a high when in all honesty the job now bores me due to lack of me feeling under valued and going no where fast.

Any advice on this would be appreciated.

Thank You

[teaboy2]

Re: Zero hour contracts and constructive progression blocking?

Do your current hours amount to full time work - I.e. 30+ hrs per week - Have you worked the exact same or similar hours per week since you started over 2 years ago?

Can work out what your average weekly hours have been for the last 12 weeks, by adding your total hours worked over the last 12 weeks and dividing it by 12, then let me know the result. Don't worry all will be clear later.

As per your actual questions:

1 - No (unfortunately)
2 - No (unless you have grounds for claiming discrimination under equality act 2010 i.e. racial, sexual or due to disability).

Its also worth pointing out that their could be other reasons as to why others have been given the new roles over you, such as having more experience or qualifications and/or skills etc, or even being at the company longer and therefore having more experience about the company itself.

[Jametch]

Re: Zero hour contracts and constructive progression blocking?

yeh the hours normally would amount to over 30 hours or more but since christmas like every year they drop the hours.

Before christmas I would be working at least 40 hours a week (somtimes 70!) but on average I'd say minimum was 40 hours a week.

Now I'm averaging about 20 hours a week. I know when I used to work for a retailer I managed to get them to up my contract by taking on extra hours for 13 weeks and then politley demanding they up my contract to reflect this.

I take on board and understand the comments about other candidates being more suitable for the role however I have found the case to be that the job is given to someone in the interim and then advertised and no one will be succesful unless they have been doing it for the interim.

I have discussed this with collegues and we all feel they are simply going through the song and dance of an interview process in order to appear fair and transparent and meet any legal requirement required in the interview process when in actual fact if they don't want you to have the job you won't and/or the position is already filled.

[teaboy2]

Re: Zero hour contracts and constructive progression blocking?

I was hoping that they were gettng you to work same of similar hours every week, like they would a full time employee as that would make you a full time employee too by customary practice, making those hours your minimum hours. But as they reduce them at times to just 20, then there goes that idea.

But, have you ever been subject to disciplinary procedures. Do you get holiday entitlements or other benefits like other employees on full time contracts?

one of the benefits of being on zero contract is that the hours you work, most be agreed by both parties. So if they asked you to do 40 hours one week, you can say, "well i can't i can only do 20hrs as i am looking for full time work with minimum of 37.5 hours, i can only do 20hrs per week to allow me time to go out and find full time employment". That would make it clear they risk losing you and could force them to make you an offer of a full time contract.

[Jametch]

Re: Zero hour contracts and constructive progression blocking?

We are only entitled to holiday pay which we recieve in a lump sum every 3 months. No sickness or things like that, Also we are also not entitled to the company performance bonus scheme even though we have to go through the same performance review system as those entitled.

There was a point in time of about 6 months possably 8 that I myself along with others in the team were receieving regular 40 hour week, its only after christmas that they have dropped hours.

I have never had a disciplinary against myself, other then having an informal and off the record discussion about a false allegation made against myself by another member of staff.

Also we do not agree to the hours we work. We are simply given a rota often one week at a time (sometimes with only a couple days notice) of our shifts and these are subject to change to suite the 'business needs' however if we need to take time off for anything there is such a fuss on their side, and they drop your hours further for a couple of weeks until they feel you've learned a lesson.

Losing anyone is of no concern to them, we are simply numbers on a spread sheet and easily replaceable.

I know it sounds like I am just a bitter employee but this is truly how it is.

[teaboy2]

Re: Zero hour contracts and constructive progression blocking?

Ok so nothing we can use to say your a full time employee then.

Doesn't matter what hours your given on the rota, the law is clear, the hours your given MUST be agreed by both parties. Your contract itself only agrees to zero hours per week, meaning there is no agreement to work the hours they give you in the rota. So each week by accepting the hours on the rota, by turning up and working them, you are agreeing to work the hours OFFERED to you on the rota. Therefore each week you are agreeing to a contract to work x amount of hours.

My point was, that regardless of what hours they offer you on the Rota, you do not have to work them and can decline x amounts offered. So if they offered you 30hrs you can say you do not agree to 30hrs that are on the rota and will only accept 20hrs for that week. Same for future weeks. You are in control of how many hours you work, out of the hours they offered you each week, that your willing to work, not the company. So by declining to work x amount of hours that they offer you, you are not breaching the contract. As you are under no obligation to work any hours offered to you, but only the number of hours you say your willing to work out of what was offered to you.

That aside, it appears you don't really have any options unfortunately, other than to try what i suggested earlier in the hope it forces their hand to give you a full time contract instead of taking the risk of losing you once you found alternative employment.

[Mr $quandaŁot]

Re: Zero hour contracts and constructive progression blocking?

Interview feedback is crucial. Unfortunately, the usual 'interviewed' well etc' is not helpful. Can't remember who sang about being 'everyone's second favourite'. Of course, on many occasions we all have probably come close to the bottom but are still told we 'interviewed well'. This is not to say that it's not possible to be 'a close second'. However, if this is constantly happening there could be something wrong with your interview technique. It could also well be that the company has no intention of promoting you (or other zero hour contractors) but obviously they can't say it.

Thankfully employment opportunities finally pickig up, you may have better opportunities elsewhere.