Employee ending a zero hour contract

[Mr $quandaŁot]

I have been trying hard to find an answer to this question: how can an employee end a zero hour contract?

As zero hour contracts don't guarantee any hours could an employee simply turn down the work offered without any consequences? This is the norm when temping or freelancing.

Now that a zero hour employer cannot legally prevent a zero hour employee working elsewhere (as from 26 May 2015), what happens if the employee is working for another employer, hence turns down the work?

I find it quite alarming that no-one seems to be able to answer these rather simple questions.

Until they are clearly answered, I think most people should either find a proper job or a temp job with no unfair obligations or stay on the social!

[judgemental24]

Re: Employee ending a zero hour contract

Even with a zero hour contract the employer still has to give express terms in that contract

The employee can choose if he wants the work provided or not

[Mr $quandaŁot]

Re: Employee ending a zero hour contract

Even with a zero hour contract the employer still has to give express terms in that contract

The employee can choose if he wants the work provided or not

I understand that but my question is about practicalities.

Let's say there's a notice period of one month. The company is not obliged to offer any hours. In return, can an employee reasonably be expected to accept any work offered? I wonder what a typical judge would decide?

[judgemental24]

Re: Employee ending a zero hour contract

That i believe would be an unfair term unless redundancy pay, pay in lieu of notice was included in the contract. That redundancy pay would be decided on the last 12 weeks average earnings if sauch a term was in the contract

The problem being is that every contract will be unique so no definitive answer can be given

[Noah]

Re: Employee ending a zero hour contract

Of course an employee can turn down work on a zero hours contract but if they stay there I suspect the consequences will be less work in the future .

There will as Judgemental has said be a contract of employment which will over ride what I have said above, if you have agreed that you can work between certain hours and there is a system in place to request that you work on a certain day I would imagine you could be disciplined if you did not turn up. I am thinking inparticular about McDonalds who do not guarantee hours but when you apply you state your availability and the number of hours you wish to work for example available every day from 4pm-11 pm but want to work 3 shifts a week. If you need a Wednesday off because you have a party you request that day off , if you are put down to work and simply do not turn up I imaging you would be disciplined.