I am on a zero hours contract. Can my employer give my work to someone else?

[Doctor Albert]

Hello. I am new to the forum. I am a medic in a private hospital and I am on a zero hours contract. Recently a colleague left the operating department and I was offered a second zero hours contract to cover the role of the colleague who left. The role is non medical. I accepted it because I need the money and it is convenient and fits in with my primary (clinical) role. However, the colleague has now been offered her old job back on a p/t basis and this means that I am not required to do the job when this person wants to do it, even though I am available to cover all of the sessions - I lose out financially. Obviously I will not be paid when the other person is doing the job. None of this was made clear to me when I accepted the second role.

To add insult to injury, the person who left has also been offered work on my ward in an ancillary role. As a qualified clinician I may find myself supported (in my clinical role) by this person who is supposed to have left.

I feel as if I was used as a stop-gap while this person decided whether or not she wished to leave this hospital. The only upside is that the person does not have medical qualifications and cannot take my professional role.

Does anyone know if I am entitled to redress please? I have no written contract. I have never received one despite requesting it.

Thanks for any help.

[leclerc]

Re: I am on a zero hours contract. Can my employer give my work to someone else?

In a nutshell, the answer is you have no right to redress. Zero hours contracts can be short term and where a need is there. You have the right to accept or decline the role and you accepted it.
You may feel used but I'm afraid you will need to deal with the fact that it will happen with zero hours contracts. Have you looked at other opportunities that might help with the financial issue?

[teaboy2]

Re: I am on a zero hours contract. Can my employer give my work to someone else?

I think the Key here is the OP stated they have no written contract - So on that basis, we need to know what hours the OP worked per week.

Either way, without a written contract stating it is a zero hour contract then its a standard contract of employment i.e. Either full time hours or part time hours. Making the hours per week worked by the OP his/her contracted hours.

You should have also been given a contract (written statement of particulars of employment) within 2 months of starting employment as per section 1 of the employment rights act 1996.

So what hours per week did/do you work? are they random, vary in total amount of consistently the same amount or similar per week?

[Doctor Albert]

Re: I am on a zero hours contract. Can my employer give my work to someone else?

....No specific hours. My job was meant to be whatever hours I am needed in theatre. I am available but the other person has been given the work I am supposed to do - therefore, I am not needed.

[teaboy2]

Re: I am on a zero hours contract. Can my employer give my work to someone else?

....No specific hours. My job was meant to be whatever hours I am needed in theatre. I am available but the other person has been given the work I am supposed to do - therefore, I am not needed.

I was actually referring to the hours you worked when you were actually doing said role!

As those hours you worked per week would be deemed your contracted hours since you have no written contract stating otherwise. I.e. Stating your on zero hours! Which is why i was asking how many hours you worked per week.

Though if you have a written contract for your current role as a Medic, that would likely support the argument that your 2nd role was also zero hour.

[Doctor Albert]

Re: I am on a zero hours contract. Can my employer give my work to someone else?

I was actually referring to the hours you worked when you were actually doing said role!

As those hours you worked per week would be deemed your contracted hours since you have no written contract stating otherwise. I.e. Stating your on zero hours! Which is why i was asking how many hours you worked per week.

Though if you have a written contract for your current role as a Medic, that would likely support the argument that your 2nd role was also zero hour.

about 16 hours in theatre and 4 in the professional role, per week.

[teaboy2]

Re: I am on a zero hours contract. Can my employer give my work to someone else?

about 16 hours in theatre and 4 in the professional role, per week.

Right, so as you had no written contract for the theatre role, you were effectively employed on a full time contract and contracted to 16hrs approximately per week!

But do you have a contract for your professional role? Because if you do, and if that is a zero hour contract, then there's no point taking this any further to be honest.